Opinion
Case No. SC04-1327.
May 24, 2005.
Lower Tribunal No. 3D04-893.
Because petitioner has failed to show that the Third District Court of Appeal is without jurisdiction to consider Respondents' appeal, she is not entitled to a writ of prohibition. Accordingly, the petition for writ of prohibition is hereby denied. See English v. McCrary, 348 So. 2d 293, 296-297 (Fla. 1977) (holding that prohibition may only be granted when it is shown that a lower court is without jurisdiction or attempting to act in excess of jurisdiction and may be invoked only in emergency cases to forestall an impending present injury where the person seeking writ has no other appropriate and adequate legal remedy).
PARIENTE, C.J., and ANSTEAD, QUINCE, CANTERO and BELL, JJ., concur.
WELLS and LEWIS, JJ., dissent.