Thinking about jurisdiction over your Boca Raton business litigation lawsuit? Or, has your commercial litigation lawsuit West Palm Beach been dragging on for years and you are wondering when it is going to end? Consider reading this new Florida appeals court case, out of the 3rd District Court of Appeal which deals with a Florida motion for rehearing, a writ of prohibition, jurisdiction, and no appeal after an order of dismissal. Is this a must read for any business litigator Delray Beach?
What is a writ of prohibition in Florida appeals?
- If the trial court is doing something improperly, you, someone involved in a contract lawsuit Palm Beach Gardens, can ask the appeals court to please have the trial court stop what it is doing improperly.
- If the appeals court Palm Beach agrees with you, it will issue a writ, and grant your petitition for write of prohibition
- So, is this an invitation for every business owner in Ft. Lauderdale to ask the appellate court to stop the Delray Beach trial judge from doing something? No. This writ of prohibition at the 4th District Court of Appeal, or, rather, this petition for a write of prohibition to the Palm Beach appeals court, should be used sparingly. It is NOT a device to second guess the trial judge at every step of the proceedings. You can appeal mistakes of law at the end of the trial, as long as you preserved those trial issues for appeal.
Miami Business Lawsuit?
- Consider the case where a lawsuit in Miami has been going on and on
- NO end in sight to your litigation?
- If you are involved in a business dispute Miami Beach, don’t you want to get on with things and want a fast resolution? If so, consider arbitration which is binding. Otherwise….
- Did the court exercise continuing jurisdiction improperly when the lawsuit was dismissed?
- An order of dismissal was entered in February of 2013
- In October of 2014, there was a status conference
- The February 2013 order of dismissal of the lawsuit was vacated !
- How?
- Didn’t the court lack jurisdiction?
- Doesn’t a Florida trial court lacks jurisdiction if the business lawsuit is dismissed and it is not timely appealed?
- It goes further…. the case was set for trial by the Miami court and mediation was ordered
- So, a petition for a writ of prohibition was filed, seeking the 3rd District Court of Appeal’s order, or writ, to prohibit the court in Miami from having a trial: it was dismissed ! And once it was dismissed, the court did not have jurisdiction to do anything.
- See Florida Rule of Civil Procedure 1.540
- No motion to vacate judgment was filed
- Read Aqua Life Corp. v. Reyes, March 25, 2015, 3D14-2825
- 40 Florida Law Weekly D 752