The Court dismissed the petition for writ of prohibition as facially insufficient.
Writ of Prohibition: An Actual Emergency Must Exist otherwise suffer the consequences
Procedure for Filing
- The Clerk of the Court receives notification of an emergency and proceeds to formally review and accept the filing.
- The Clerk then alerts the Director of Central Staff for immediate evaluation to determine whether an emergency exists.
In cases where the existence of an emergency is unclear:
- The Director will notify three on-call judges who will review the situation and the filing.
- The Director conducts a thorough review and research, preparing a comprehensive case summary.
- An emergency panel evaluates the summary presented.
- A conference is held to determine the outcome regarding the emergency status.
Given the outlined procedure for filing emergency pleadings, including a writ of prohibition, court officers and personnel are often required to extend their work hours. This necessity can lead to a reduction in family time and leisure activities, which are essential for maintaining a healthy work-life balance. The court has emphasized on the importance of substantial compliance and warned parties who will file the same that an actual emergency must exist. Repeated filings without an actual emergency may result in the imposition of sanctions. The link may be found: https://1dca.flcourts.gov/content/download/2378916/opinion/Opinion_2023-2885.pdf
https://1dca.flcourts.gov/content/download/2378916/opinion/Opinion_2023-2885.pdf
https://1dca.flcourts.gov/content/download/2378916/opinion/Opinion_2023-2885.pdf