How-To: Write a Petition for a Writ of Prohibition

Background:	The government is about to do something that will affect you
Problem:	The government lacks jurisdiction to do it
Solution:	You ask a court to stop the goverment (via a Writ of Prohibition)

I. Definitions

Writ of Prohibition

a prerogative writ issued by a superior court that prevents an inferior court or tribunal from exceedings it jurisdiction or usurping jurisdiction it has not been given by law.

II. Legal Citations

Art. V §3(b)(7) Florida Constitution | Supreme Court

"(7) May issue writs of prohibition to courts and all writs necessary to the complete exercise of its jurisdiction."

Art. V §4(b)(3) Florida Constitution | District Courts of Appeal

"(3) A district court of appeal or any judge thereof may issue writs of habeas corpus returnable before the court or any judge thereof or before any circuit judge within the territorial jurisdiction of the court. A district court of appeal may issue writs of mandamus, certiorari, prohibition, quo warranto, and other writs necessary to the complete exercise of its jurisdiction. To the extent necessary to dispose of all issues in a cause properly before it, a district court of appeal may exercise any of the appellate jurisdiction of the circuit courts."

Art. V §5(b) Florida Constitution | Circuit Courts

"(b) JURISDICTION. — The circuit courts shall have original jurisdiction not vested in the county courts, and jurisdiction of appeals when provided by general law. They shall have the power to issue writs of mandamus, quo warranto, certiorari, prohibition and habeas corpus, and all writs necessary or proper to the complete exercise of their jurisdiction. Jurisdiction of the circuit court shall be uniform throughout the state. They shall have the power of direct review of administrative action prescribed by general law."

Rule 9.030(a)(3) Fla. R. App. P. | Original Jurisdiction (Supreme Court)

"Original Jurisdiction. The supreme court may issue writs of prohibition to courts and all writs necessary to the complete exercise of its jurisdiction, and may issue writs of mandamus and quo warranto to state officers and state agencies. The supreme court or any justice may issue writs of habeas corpus returnable before the supreme court or any justice, a district courts of appeal or any judge thereof, or any circuit judge.""

Rule 9.030(b)(3) Fla. R. App. P. | Original Jurisdiction (Appellate Courts)

"Original Jursidction. District courts of appeal may issue writs of mandamus, prohibition, quo warranto, and common law certiorari, and all writs necessary to the complete exercise of the courts’ jurisdiction; or any judge thereof may issue writs of habeas corpus returnable before the court or any judge thereof, or before any circuit judge within the territorial jurisdiction of the court."

Rule 9.100(e) Fla. R. App. P. | Petitions for Writs of Mandamus and Prohibition Directed to...

"Petitions for Writs of Mandamus and Prohibition Directed to a Judge or Lower Tribunal. When a petition for a writ of mandamus or prohibition seeks a writ directed to a judge or lower tribunal, the following procedures apply:

(1) Caption. The name of the judge or lower tribunal shall be omitted from the caption. The caption shall bear the name of the petitioner and other parties to the proceeding in the lower tribunal who are not petitioners shall be named in the caption as respondents.

(2) Parties. The judge or the lower tribunal is a formal party to the petition for mandamus or prohibition and must be named as such in the body of the petition (but not in the caption). The petition must be served on all parties, including any judge or lower tribunal who is a formal party to the petition.

(3) Response. Following the issuance of an order pursuant to subdivision (h), the responsibility for responding to a petition is that of the litigant opposing the relief requested in the petition. Unless otherwise specifically ordered, the judge or lower tribunal has no obligation to file a response. The judge or lower tribunal retains the discretion to file a separate response should the judge or lower tribunal choose to do so. The absence of a separate response by the judge or lower tribunal shall not be deemed to admit the allegations of the petition.

Rule 9.100(g) Fla. R. App. P. | Petition

"Petition. The caption shall contain the name of the court and the name and designation of all parties on each side. The petition shall not exceed 50 pages in length and shall contain:

(1) the basis for invoking the jurisdiction of the court;

(2) the facts on which the petitioner relies;

(3) the nature of the relief sought; and

(4) argument in support of the petition and appropriate citations of authority.

If the petition seeks an order directed to a lower tribunal, the petition shall be accompanied by an appendix as prescribed by rule 9.220, and the petition shall contain references to the appropriate pages of the supporting appendix.

Rule 24 Fed. R. App. P. | Writs of Mandamus and Prohibition...

"(a)(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk with proof of service on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge. All parties to the proceeding in the trial court other than the petitioner are respondents for all purposes."

Rule 1.630 Fla. R. Civ. P. | Extraordinary Remedies

"(a) Applicability. This rule applies to actions for the issuance of writs of mandamus, prohibition, quo warranto, and habeas corpus."

III. Samples

#	PDF	Comments	₧
1		TBD case. Pro Se Filing. LT = FCHR. §760.11 FS.
2		X Denied \| SC. 2012. Pro Se Filing. Prisoner vs 2DCA. Rehearing
3		✓ Granted! \| SC. 2012. Attorney Filing. House of Reps vs Circuit Court.
4		X Dismissed \| SC. 2013. Pro Se Filing. Citizen vs State Court. Foreclosure Case.
5		✓ Granted! \| SC. 2016. Attorney Filing. Prisoner vs Judge. Death Qualifying Jury.
6		X Dismissed (Filing Fee) \| SC. 2016. Pro Se Filing. Citizen vs Judge. Recusal.
7		✓ Granted! \| SC. 2017. Attorney Filing. Prisoner vs Judge. Death Penalty Resentencing.
8		X Denied \| SC. 2017. Attorney Filing. Appellant vs 3DCA. Reinstate appeal.
9		X Denied \| SC. 2018. Pro Se Filing. Appellant vs 4DCA. Prevent appellate decision
10		✓ Granted! \| SC. 2018. Attorney Filing. Prisoner vs Judge. Double Jeopardy.
11		✓ Granted! \| SC. 2019. Pro Se Filing. Prisoner vs Judge. Prevent judge from proceeding.
12		X Denied \| DOAH. 2000. Attorney Filing. Litigants vs DOAH. Stop Parallel DOAH Proceeding. + Certiorari
13		X Denied \| DOAH. 2000. Attorney Filing. Litigant vs FCHR. 35 Day Window.
14		DOAH. 2000. Attorney Filing. State vs Litigant. Stay Proceedings
15		X Denied \| DOAH. 2001. Attorney Filing. Litigant vs FCHR/DOAH. 35 Day Window.
16		✓ Granted! \| DOAH. 2001. Attorney Filing. DACS vs Broward County. Recusal.
17		- Withdrawn \| DOAH. 2002. Attorney Filing. Corporation vs State. Stop Proceeding. + Review. + Mandamus.
18		X Denied \| DOAH. 2002. Attorney Filing. State vs Corporation. Dueling Jurisdictions
19		✓ Granted! \| DOAH. 2003. Attorney Filing. State vs Corporation. Stop DOAH Proceeding.
20		✓ Granted! \| DOAH. 2003. Attorney Filing. Litigant vs DOAH. Recusal. + Certiorari.
21		X Denied \| DOAH. 2003. Attorney Filing. Litigant vs FCHR/DOAH. 35 Day Window.
22		X Denied \| DOAH. 2004. Attorney Filing. Litigant vs State. Prevent Prosecution.
23		X Denied \| DOAH. 2004. Attorney Filing. Litigant vs FCHR/DOAH. 35 Day Window.
24		X Dismissed (Premature) \| DOAH. 2004. Attorney Filing. Litigant vs DOAH. Stop DOAH Proceedings.
25		X Denied (Merits) \| DOAH. 2005. State vs DOAH. Stop DOAH Proceedings. + Review.
26		X Denied \| DOAH. 2007. Pro Se Filing. Litigant vs DOAH. Quash an Order.
27		X Denied \| DOAH. 2009. Attorney Filing. City vs State. Stop DOAH Proceedings.
28		X Denied \| DOAH. 2010. Attorney Filing. Litigant vs DOAH. Stop DOAH Proceeding.
29		X Dismissed \| DOAH. 2013. Attorney Filing. Litigant vs State. Recusal.
30		X Denied \| DOAH. 2014. Attorney Filing. State vs Corporation. Stop DOAH Proceeding.
31		X Denied \| DOAH. 2015. Pro Se Filing. Litigant vs DOAH. Recusal.
32		DOAH. 2015. Attorney Filing. Litigant vs Sheriff. Stop DOAH Proceedings.
33		X Denied \| DOAH. 2017. Attorney Filing. Litigant vs DOAH. Variance/Waiver.

IV. Templates

#	Link	Comments	₧
1		Petition \| Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe").
2		Appendix \| Replace all placeholder tags with real information (eg "[plfName]" becomes "John Doe").

V. Application

Standard of Review: Understand the 3-Part Test for issuing a Writ of Prohibition:
- 1: The reviewing court must have jurisdiction over the parties
- 2: The agency must be on the verge of exceeding its jurisdiction
- 3: The petitioner must have no other options (ie, Prohibition is his/her only vehicle)

V. Quick Commentary

Crucial Note: File this document as soon as possible!
- see Brown v. State, 885 So. 2d 391, 392 (Fla. 5th DCA 2004)
- see Milanick v Town of Beverly Beach, 820 So. 2d 317
Expectation: Do not expect victory (even if you have a slam dunk petition).
- The appellate courts rarely issue Writs of Prohibition.
Please download as many sample documents as you'd like
- Contact TBD for more free samples
Feel free to use the template (see Part III - above) to help draft your 'Petition for a Writ of Prohibition'
Save the final version as a PDF file.
File the final version in court
- Include the Appendix (see III.2 above)
- Include the filing fee (or a Certificate of Indigency)

VII. Additional Resources

Chapter 10, Extraordinary Writs - Civil: Pro Se Appellate Handbook ©Florida Bar
- The Florida Bar
- Appellate Practice Section
- © 2016
- Source: FloridaBar.org
Interactive Reading List: Prohibition

VIII. Bibliography

IX. Conclusion

A Writ of Prohibition will help you prevent the government from doing something it's not allowed to do.

To put it bluntly, the government is not allowed to act outside of its jurisdiction.

With the use of the template (as well as the samples above), you can more easily petition the court for a Writ of Prohibition.

...POINTS & THINGS...

Congratulations! You're now booked up on how to write a Petition for a Writ of Prohibition!

Please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

How-To: Write a Petition for a Writ of Prohibition

I. Definitions

II. Legal Citations

III. Samples

IV. Templates

V. Application

V. Quick Commentary

VII. Additional Resources

VIII. Bibliography

IX. Conclusion

...POINTS & THINGS...

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How-To: Write a Petition for a Writ of Prohibition

I. Definitions

II. Legal Citations

III. Samples

IV. Templates

V. Application

V. Quick Commentary

VII. Additional Resources

VIII. Bibliography

IX. Conclusion

...POINTS & THINGS...

Buy™

Sell™

Shop™ Now

Pages That YouMight Also Like

Buy™

Sell™

Shop™ Now

add a comment

thank you, come again!TBD 1.037

Submit a Quiz Question

That Will Test Another User's Page-Specific Knowledge

Pages That You
Might Also Like

thank you, come again!
TBD 1.037