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The Florida Statutes

The 2017 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 81
PROHIBITION
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CHAPTER 81
CHAPTER 81
PROHIBITION
81.011 Petition for prohibition.
81.021 Prohibition; supersedeas.
81.031 Prohibition; procedure.
81.011 Petition for prohibition.The petitioner shall file a petition stating the nature of the action, the proceedings in the inferior court, tribunal or body presuming to exercise jurisdiction sought to be prohibited, and demand that writ of prohibition be granted in that behalf. When the matters appear on the face of the proceedings in the body presuming to exercise jurisdiction, the certified transcript of the record of all the proceedings shall accompany the petition. When the matters are not matters of record, they shall be verified by affidavit of petitioner or petitioner’s agent, or attorney.
History.s. 1, ch. 1873, 1872; s. 2, ch. 3002, 1877; RS 1785; GS 2262; RGS 3585; CGL 5450; s. 32, ch. 67-254; s. 422, ch. 95-147.
Note.Former s. 80.06.
81.021 Prohibition; supersedeas.If in its judgment a prima facie case is made, the court shall issue an order directed to the body presuming to exercise jurisdiction and to plaintiff to show cause why the writ of prohibition should not issue. The order is a supersedeas and shall be served on the body presuming to exercise jurisdiction and the parties at such time as the court directs and those served shall defend within the time set in the writ. In case of failure to make an answer, it may be enforced by contempt.
History.s. 2, ch. 1873, 1872; s. 3, ch. 3002, 1877; RS 1786; GS 2263; RGS 3586; CGL 5451; s. 32, ch. 67-254; s. 29, ch. 73-333.
Note.Former s. 80.07.
81.031 Prohibition; procedure.In the circuit court the petition shall be accompanied by a supporting brief in the same manner as required for mandamus in that court.
History.s. 32, ch. 67-254.