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Marshall v. Angel

District Court of Appeal of Florida, Fifth District
Mar 26, 1984
447 So. 2d 346 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1745.

March 1, 1984. Rehearing Denied March 26, 1984.

Petition for Writ of Prohibition, A Case of Original Jurisdiction.

Michael Milbrath, County Atty., and John P. McKeever of Pattillo McKeever, P.A., Ocala, for petitioners.

Willard Ayres of Ayres, Cluster, Curry, McCall Briggs, P.A., Ocala, for respondents Ocala Stud, Inc., Leonard H. Lavin and his wife Berniece E. Lavin.

James A. Cornelius of O'Neill, Cornelius Cohen, P.A., Ocala, for respondent Freeman Keyes.

Irwin J. Weiner, Ocala, for respondent Red Oak Farm, Inc.


Petitioners, Marion County and John Marshall, seek a writ of prohibition. Because we find that the trial court had jurisdiction over the subject matter of the cause below, we deem prohibition to be an improper remedy. See Moore v. Leisure Pool Service, Inc., 412 So.2d 392 (Fla. 5th DCA 1982); School Board of Marion County v. Angel, 404 So.2d 359 (Fla. 5th DCA 1981).

Certiorari review pursuant to Florida Rule of Appellate Procedure 9.030(b)(2)(A), which might otherwise have been available, is precluded here due to petitioners' failure to comply with the thirty-day requirement of Florida Rule of Appellate Procedure 9.100(c).

Accordingly, the Petition for Writ of Prohibition is

DENIED.

DAUKSCH, COBB and COWART, JJ., concur.


Summaries of

Marshall v. Angel

District Court of Appeal of Florida, Fifth District
Mar 26, 1984
447 So. 2d 346 (Fla. Dist. Ct. App. 1984)
Case details for

Marshall v. Angel

Case Details

Full title:JOHN MARSHALL AND MARION COUNTY, FLORIDA, PETITIONERS, v. THE HONORABLE…

Court:District Court of Appeal of Florida, Fifth District

Date published: Mar 26, 1984

Citations

447 So. 2d 346 (Fla. Dist. Ct. App. 1984)