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Johnson v. State

Third District Court of Appeal State of Florida
Jul 1, 2020
306 So. 3d 340 (Fla. Dist. Ct. App. 2020)

Opinion

No. 3D20-0879

07-01-2020

Frank JOHNSON, Petitioner, v. The STATE of Florida, Respondent.

Frank Johnson, in proper person. Ashley Moody, Attorney General, for respondent.


Frank Johnson, in proper person.

Ashley Moody, Attorney General, for respondent.

Before FERNANDEZ, LINDSEY, and MILLER, JJ.

PER CURIAM.

As the purpose of prohibition "is to prevent the doing of something, not to compel the undoing of something already done," we deny the requested petition. English v. McCrary, 348 So. 2d 293, 297 (Fla. 1977) (citing State ex rel. Harris v. McCauley, 297 So. 2d 825 (Fla. 1974) ; State ex rel. R. C. Motor Lines, Inc. v. Boyd, 114 So. 2d 169 (Fla. 1959) ; State ex rel. Shailer v. Booher, 241 So. 2d 720 (Fla. 4th DCA 1970) ); see also State v. Borrego, 105 So. 3d 616, 618 (Fla. 3d DCA 2013) ("Prohibition is ‘the proper avenue for immediate review of whether a motion to disqualify a trial judge has been correctly denied.’ ") (emphasis added) (quoting Sutton v. State, 975 So. 2d 1073, 1076 (Fla. 2008) ).

Denied.


Summaries of

Johnson v. State

Third District Court of Appeal State of Florida
Jul 1, 2020
306 So. 3d 340 (Fla. Dist. Ct. App. 2020)
Case details for

Johnson v. State

Case Details

Full title:Frank Johnson, Petitioner, v. The State of Florida, Respondent.

Court:Third District Court of Appeal State of Florida

Date published: Jul 1, 2020

Citations

306 So. 3d 340 (Fla. Dist. Ct. App. 2020)