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5350 PARK LLC v. GRYCON LLC (2021)

District Court of Appeal of Florida, Third District.2021-11-30No. CASE NO.: 3D21-2315

Authorities cited

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Opinion

Petitioner, 5350 Park, LLC, has filed an Emergency Petition for Writ of Prohibition seeking to prohibit the trial court from commencing a non-jury trial, pending resolution of 5350 Parks appeal of a non-final order denying its motion to disqualify Siegfried Rivera from representing Respondent Grycon, LLC (case no. 3D21-1097). Because the trial court will not exceed its jurisdiction if it commences the trial, we are compelled to deny the Petition. See English v. McCrary, 348 So. 2d 293, 296 (Fla. 1977) (“Prohibition is an extraordinary writ, a prerogative writ, extremely narrow in scope and operation, by which a superior court, having appellate and supervisory jurisdiction over an inferior court or tribunal possessing judicial or quasi-judicial power, may prevent such inferior court or tribunal from exceeding jurisdiction or usurping jurisdiction over matters not within its jurisdiction.”).

Petition denied.

LINDSEY, GORDO and BOKOR, JJ., concur.