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Rossen v. Rose Rose

Supreme Court of Florida
Aug 27, 2008
991 So. 2d 387 (Fla. 2008)

Opinion

Nos. SC07-2443, SC08-111.

August 27, 2008.

Lower Tribunal No(s). 03-001117CACE12.


The petition for writ of prohibition in Case No. SC07-2443 regarding the pending appeal before the Fourth District Court of Appeal in Case No. 4D07-2935 is hereby denied. See Mandico v. Taos Const. Inc., 605 So.2d 850, 853-54 (Fla. 1992) (stating "[p]rohibition is an extraordinary writ by which a superior court may prevent an inferior court or tribunal, over which it has appellate and supervisory jurisdiction, from acting outside its jurisdiction"); English v. McCrary, 348 So. 2d 293, 296-97 (Fla. 1977).

The petition to invoke the all writs jurisdiction of this Court in Case No. SC08-111 is hereby dismissed for lack of jurisdiction. See Williams v. State, 913 So. 2d 541, 543-44 (Fla. 2005) (stating that "neither [petitioner] cites an independent basis that would allow the Court to exercise its all writs authority, and no such basis is apparent on the face of the petitions"); St. Paul Title Ins. Corp. v. Davis, 392 So. 2d 1304, 1305 (Fla. 1980) (holding that article V, section 3(b)( 7), Florida Constitution does not give this Court expanded appellate jurisdiction, and a petitioner may not seek all writs power as an independent basis of jurisdiction).

All motions and other requests for relief are hereby denied.

WELLS, ANSTEAD, QUINCE, CANTERO, and BELL, JJ., concur.


Summaries of

Rossen v. Rose Rose

Supreme Court of Florida
Aug 27, 2008
991 So. 2d 387 (Fla. 2008)
Case details for

Rossen v. Rose Rose

Case Details

Full title:ELISABETH ROSSEN A/K/A, Petitioner(s) v. ROSE ROSE, P.A., ET AL. BETSY ANN…

Court:Supreme Court of Florida

Date published: Aug 27, 2008

Citations

991 So. 2d 387 (Fla. 2008)