1978) (holding that an order for discovery is interlocutory and not appealable, and a writ of prohibition will not lie) with State Farm Mut.
Generally, a writ of mandamus directs that a judicial officer must do a particular thing, and a writ of prohibition orders that he or she must not do a particular thing.
By 1845, when moving for the Supreme Court to issue a writ of prohibition to a district court sitting in bankruptcy, counsel noted that "in the King's Bench this would be clearly a case for a prohibition," but admitted that the Supreme Court "does not possess, in such cases, an authority coextensive with that of the King's Bench.
The problem with this argument was that, under the statutory scheme then in effect, the Supreme Court did not have appellate jurisdiction over the district courts sitting in bankruptcy, making it difficult to see how the writ of prohibition was necessary to the Supreme Court's appellate jurisdiction.
The matter will be sent back to the circuit court for application of the four-part balancing test--in fact, Maneke's petition for writ of prohibition
asks only that the prosecutor be required to disclose the sort of information he is seeking and why it is unavailable from other sources.
The court heard the Trial Judge's petition and decided in his favor, issuing two writs, a writ of prohibition
and a writ of mandamus.
Sonora also announced that the Supreme Court of Nevada has allowed its appeal and a Writ of Prohibition
has been issued ordering that Sonora cannot be joined in an action filed in 1992 by Harvard Gold Mining Company.
5th DCA 2008), a writ of certiorari was issued by the Fifth District to quash the circuit court's denial of a writ of prohibition
sought to prevent the county court from proceeding in a putative class action.
A writ of prohibition
is the "process by which a superior court prevents an inferior court .
Johnson & Johnson then petitioned the state's high court for a writ of prohibition
on enforcement of that ruling, saying that the court had exceeded its powers by declining to apply the learned-intermediary doctrine.
A writ of prohibition
enables an appellate court to prevent a lower tribunal from further exercising jurisdiction in an action.
On May 26, 2004, Florida's Third District Court of Appeal granted a writ of prohibition
barring the Dade County Circuit Court from exercising jurisdiction over a public employee's appeal of her disciplinary action.
Unlike most forms of appellate relief, the writ of prohibition
is preventative, rather than corrective.
3d DCA 1997), the defendant filed a petition for writ of prohibition
in the appellate court, suggesting that the trial court should have treated his "motion for discharge" as a "notice of expiration" and should have brought him to trial within 15 days of the motion notwithstanding the fact that the motion was not placed on calendar by the defendant (or anyone else) until more than 15 days had elapsed.
In denying the defendant's petition for a writ of prohibition
, the appellate court concluded that the defendant could not have reasonably had a legitimate fear of not receiving a fair trial based on the judge's remark.