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Original Proceedings
Weinbaum P.A. handles original proceedings throughout the State of Florida. Original proceedings are actions that are initiated by filing a petition directly in the appellate court, such as petitions for writ of:
- Certiorari: is available when no direct appellate remedy is provided by law and a lower court has acted either in excess of its jurisdiction or departed from the essential requirements of law. See State ex rel. Boyles v. Florida Parole and Probation Com'n, 436 So. 2d 207, 209 (Fla. 1st DCA 1983). Florida Rules of Appellate Procedure 9.100(c)(1) provides that a Petition for Writ of Certiorari must be filed in the appellate court within 30 days of rendition of the lower court order.
- Prohibition: is used to prevent a lower court from exceeding its jurisdiction or to prevent someone from exercising judicial like power when it does not have that power. Generally, a petition for writ of prohibition may be filed at any time.
- Mandamus: is used to compel a lower court or public officer to perform a duty required by law. Mandamus can only tell a lower court to rule, but it cannot tell a lower court how to rule. Generally, a petition for writ of mandamus may be filed at any time.
- Habeas Corpus: is used most frequently to determine if a detention or restraint is lawful. While habeas corpus is usually associated with criminal law, it is actually an independent civil proceeding. Generally, a petition for writ of habeas corpus may be filed at any time.
The founder of Weinbaum P.A., Ms. Weinbaum has worked on original proceedings in the Florida appellate courts. It is important to get an experienced attorney, who knows the rules, the process, has handled original proceedings before the Florida appellate courts and can craft top quality petitions, responses and replies.
Contact Weinbaum P.A. Today
If you or someone you know needs assistance with an original proceeding in Parkland, Coral Springs, Broward County, Miami-Dade County or anywhere in Florida then click on the button below to book a free initial phone or video chat consult or call 954-256-8266 or email info@weinbaumpa.com today.