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STATE OF FLORIDA

[dca] DISTRICT COURT OF APPEALS

[plfName]	)
Petitioner	)	Case No.: [caseNo]
)	LT No. (FCHR): [caseNoF]
v.	)	LT No. (DOAH): [daseNoD]
)
[defName]	)
Appellee	)

PETITION FOR WRIT OF PROHIBITION

[MMM] [D], [YYYY]

[plfName], Petitioner

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

TABLE OF CONTENTS

Table of Contents	ii
Table of Authorities	iii
Preface	iv

Introduction	##
Jurisdictional Basis	##
Statement of Procedural Facts	##
Legal Analysis: LT’s Loss of Jurisdiction	##
Nature of Relief Sought	##
Argument: 3-Part Test for Prohibition	##
Conclusion	##
Certificate of Compliance	##
Certificate of Service	##

TABLE OF AUTHORITIES

CASES
DeMario v Franklin Mort & Inv. Co. 648 So. 2d 210, 213-214	3
English v McCrary 348 So. 2d 293, 296 (Fla. 1977)	6
Hamlin v. East Coast Properties 616 So. 2d 1175, 1176 (Fla. 1st DCA 1993)	6
Mandico v Taos Constr. Inc. 605 So. 2d 850	5
Sparkman v. McClure 498 So. 2d 892, 895 (Fla. 1986)	6
Sutton v State 975 So. 2d 1073 (2008)	7
Woodham v BCBSFL 829 So. 2d 891 (Fla. 2002)	4

CONSTITUTIONS
Art. V, §4(b)(3) Fla. Const.	1

STATUTES
§47.011 FS	5
§120.68 FS	5, 6
§760.11(3) FS	3
§760.11(5) FS	4
RULES
9.030(b)(1)(C) Fla. R. App. P.	5
9.030(b)(3) Fla. R. App. P.	1
9.100(e)(2) Fla. R. App. P.	iv

PREFACE

Petitioner, [plfName], was the plaintiff in the lower tribunal; and will be referred to in this petition as Petitioner. Respondent, [defName], was the defendant below; and will be referred to as Respondent. Pursuant to Rule 9.100(e)(2) Fla. R. App. P., [agcyName] is a formal party to this action; and will be referred to as The Agency.

The following references will be used in this petition:

[A___]	Appendix1/

The following abbreviations will also be used:

DCA	District Court of Appeals
DOAH	Division of Administrative Hearings
FCHR	Florida Commission on Human Relations
FS	Florida Statute
LT	Lower Tribunal

All statutory and rule references are made to their 2020 versions (unless otherwise indicated).

INTRODUCTION

Pursuant to Rule 9.100 Fla. R. App. P., Petitioner respectfully petitions this Court for a Writ of Prohibition directed towards The Agency, and shows the Court the following.

JURISDICTIONAL BASIS

Art. V, §4(b)(3) Fla. Const. and Rule 9.030(b)(3) Fla. R. App. P. provide this Court with the jurisdiction to execute this writ.

STATEMENT OF PROCEDURAL FACTS

On [MMMinit] [Dinit], [YYYYinit], Petitioner [didSomething].

[para001]

[para002]

[para003]

On [MMMend] [Dend], [YYYYend], The Agency was getting ready to [doSomething].

[para004]

[para005]

[para006]

LEGAL ANALYSIS

[para007]

“[cite007]”

[para008]

“[cite007]”

[para009]

“[cite007]”

NATURE OF RELIEF BEING SOUGHT

Petitioner respectfully asks this Court to restrain The Agency from [doingSomethingItsNotAllowedToDo].

ARGUMENT

This Court should execute a writ of prohibition because The Agency is on the verge of acting outside of its jurisdiction.

In Mandico v Taos Constr. Inc., 605 So. 2d 850, the Supreme Court established the standard for reviewing a petition for prohibition:

“Prohibition 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.”

“...”

“The writ is very narrow in scope and operation and must be employed with caution and utilized only in emergency cases to prevent an impending injury where there is no other appropriate and adequate legal remedy.”

Broken down into its parts, Petitioner must show that:

This Court has appellate/supervisory jurisdiction over The Agency (and the parties);

The Agency is acting outside of its jurisdiction; and

Petitioner has no other appropriate/adequate legal remedy.

This Court Has Appellate/Supervisory Jurisdiction Over The Agency/parties

Both Petitioner and Respondent reside in [city], FL. A location that places them under this Court’s territorial jurisdiction (see §47.011 FS).

Pursuant to Rule 9.030(b)(1)(C) Fla. R. App. P., this Court has “appeal jurisdiction” over an “administrative action if provided by general law”. §120.68 FS is the “general law” that allows someone to appeal an action taken by The Agency.

Thus, this Petition satisfies the first prong (ie, “(a)” supra) in the analysis for executing a writ of prohibition.

The Agency is Acting Outside of its Jurisdiction

As described supra, The Agency’s continued handling of Petitioner’s case (and proximate [actOfDoingWhatItsNotAllowedToDo]) is in excess of its jurisdiction.

According to the decision in English v McCrary, 348 So. 2d 293, 296 (Fla. 1977), ‘excess acts’ must be “clear” and “special”; which is the situation here.

As detailed at ¶14 (supra), the relevant statutes divested The Agency from acting on Petitioner’s case once the 180-day period expired. The language was plain, specific, and clear.

Thus, Petitioner has satisfied the second prong.

Petitioner Has No Other Adequate Remedy

Petitioner avers that because a petition for writ of prohibition is preventive (and must be filed before the prejudice occurs); this petition - seeking a writ prohibiting The Agency from [doingWhatItsNotAllowedToDo] - is the correct vehicle for relief. See Sparkman v. McClure, 498 So. 2d 892 (Fla. 1986): and Hamlin v. East Coast Properties, 616 So. 2d 1175, 1176 (Fla. 1st DCA 1993).

[para010]

[para011]

Thus, an appeal would be inadequate; rendering this Writ of Prohibition Petitioner’s sole redress.

CONCLUSION

WHEREFORE, Petitioner kindly asks this Court to instruct The Agency to refrain from [doingWhatItsNotAllowedToDo].

Dated this [D]th day of [MMM] [YYYY].

Respectfully submitted,

/s/ [plfName]

[plfName], Petitioner

[plfAddy]

P: [plfPhn]

E: [plfEml]

W: TextBookDiscrimination.com

Get Booked Up on Justice!

CERTIFICATE OF COMPLIANCE

I certify that the size and style of type used in this document is Times New Roman 14-point Font (caption) and Courier New 12-point Font (contents); thus complying with the font requirements of Rule 9.210(a)(2) Fla. R. App. P.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this [D]th day of [MMM] [YYYY], I electronically filed the foregoing with the Clerk of Courts by using the Florida Courts E-filing Portal which will send a notice of electronic filing to the attached service list.

/s/ [plfName]

Endnotes:

1/ according to the pagination method outlined in Rule 9.220(c)(2) Fla. R. App. P. [A0010] means page 10 from the appendix.

How-To Guide: (interactive)

TextBookDiscrimination.com/Guides/Petitions/Prohibition.html

SERVICE LIST

[clrkNm], Agency Clerk [clrkEml]@fchr.myflorida.com Florida Commission on Human Relations Room 110 4075 Esplanade Way Tallahassee, Florida 32399-7020 (agency)

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