Frank Johnson v. the State of Florida

Third District Court of Appeal State of Florida Opinion filed July 1, 2020. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D20-0879 Lower Tribunal No. 95-39053A ________________ Frank Johnson, Petitioner, vs. The State of Florida, Respondent. A Case of Original Jurisdiction – Prohibition. Frank Johnson, in proper person. Ashley Moody, Attorney General, for respondent. Before FERNANDEZ, LINDSEY, and MILLER, JJ. PER CURIAM. As the purpose of prohibition “is to prevent the doing of something, not to compel the undoing of something already done,” we deny the requested petition. English v. McCrary, 348 So. 2d 293, 297 (Fla. 1977) (citing State ex rel. Harris v. McCauley, 297 So. 2d 825 (Fla. 1974); State ex rel. R. C. Motor Lines, Inc. v. Boyd, 114 So. 2d 169 (Fla. 1959); State ex rel. Shailer v. Booher, 241 So. 2d 720 (Fla. 4th DCA 1970)); see also State v. Borrego, 105 So. 3d 616, 618 (Fla. 3d DCA 2013) (“Prohibition is ‘the proper avenue for immediate review of whether a motion to disqualify a trial judge has been correctly denied.’”) (emphasis added) (quoting Sutton v. State, 975 So. 2d 1073, 1076 (Fla. 2008)). Denied. 2