Opinion
Case No. SC04-2127.
April 19, 2005.
Because petitioner has failed to show that the First District Court of Appeal is without jurisdiction, or attempting to act in excess of jurisdiction, he is not entitled to a writ of prohibition. Accordingly, the petition for writ of prohibition is hereby denied on the merits. 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).
WELLS, ANSTEAD, QUINCE, CANTERO and BELL, JJ., concur.