What is a Writ of Prohibition Used for in a Probate Lawsuit in West Palm Beach?

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Is the probate court about to make a huge mistake by giving away the Delray Beach House when you have not made your appearance to contest the will? If time is of the essence you may have to file a writ of prohibition to stop the trial court from taking improper action. This is an extraordinary remedy so it may be an uphill battle. Check out how and when to use a writ of prohibition.

Extraordinary Writs in West Palm Beach

• Do you know what an extraordinary writ is?
• These are old old old documents that the Courts can use when they are out of other options.
• For example a writ of certioari is one of the few ways to actually get to the Federal Supreme Court.
• This is issued when a Court has acted contrary to the law.
• Another writ that dates back to the common law is the writ of mandamus.
• A writ of mandamus mandates that the Court does something specific.
• Who hands out writs?
• Usually it is a higher appellate body or review body such as the District Court of Appeals that issues such writs.
• A circuit court may also do so if it is an appeal from County Court but that does not happen in probate.
• Another extraordinary writ that may be issued is the so called writ of prohibition.
• What does this writ do?

Kidwell v. Kidwell

• A writ of prohibition prohibits a Court from doing something, it is all in the name.
• A writ of prohibition also cannot undo that which has already been done.
• This was an appeal from a marriage dissolution.
• The husband was not happy with the final judgment and its related child support obligations so he filed a writ of prohibition.
• Possibly to prohibit enforcement of the judgment but that was an improper use of the writ.
• The writ prohibits courts from doing things but once that thing (i.e. an Order) has already been done the writ is useless.
• As a result the mans request was not honored and his petition was dismissed.
• A writ as the Court noted is preventative, not corrective.
• Maybe he could have used a writ of certioari?

Want to learn more about writs?

Check out the entire case by clicking here.

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