Benton v. Circuit Court for the Second Judicial Circuit

Full title: JOHN BENTON, PETITIONER, v. THE CIRCUIT COURT FOR THE SECOND JUDICIAL…

Court: District Court of Appeal of Florida, First District

Date published: Mar 31, 1980

382 So. 2d 753 (Fla. Dist. Ct. App. 1980)

Opinion

No. TT-303.

March 31, 1980.

Stephen E. Tunstall of Underwood, Gillis, Karcher, Reinert Valle, Miami, for petitioner.

Charles J. Grimsley, Tallahassee, for respondent Ancillary Receiver of United America Insurors, Inc.

John M. McNatt of Mathews, Osborne, Ehrlich, McNatt, Gobelman Cobb, Jacksonville, for respondent Florida Ins. Guaranty Ass'n.

WENTWORTH, Judge.

This cause is before us upon petition for a writ of prohibition. Petitioner has not demonstrated that he is without other adequate means of redress for the alleged wrong about to be inflicted by the trial court. Prohibition will not lie to usurp the functions of an appeal. State v. Trammell, 192 So. 175 (Fla. 1939); Corbin v. State, 324 So.2d 203 (Fla. 1st DCA 1976).

Accordingly, the petition is denied.

MILLS, C.J., and LARRY G. SMITH, J., concur.