Pamela Joyce Jones Stokes and Rigsby Thomas Jones, Individually and as Co-Trustees of the Dorothy C. Jones Amended and Restated Living Trust Agreement Dated August 16, 2010 v. Frederick Donald Jones, Annette Loraine Hodges, Clint James Jones, Denise Jones, Robyn D. Stokes Griffin, Stewart Stokes, Jamie Lynn Naff, Quinn N. Jones
CourtDistrict Court of Appeal of Florida
Date FiledMarch 15, 2021
Docket1D20-1412
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-1412
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PAMELA JOYCE JONES STOKES
and RIGSBY THOMAS JONES,
individually and as co-trustees
of the Dorothy C. Jones
Amended and Restated Living
Trust Agreement Dated August
16, 2010,
Petitioners,
v.
FREDERICK DONALD JONES,
ANNETTE LORAINE HODGES,
CLINT JAMES JONES, DENISE
JONES, ROBYN D. STOKES
GRIFFIN, STEWART STOKES,
JAMIE LYNN NAFF, QUINN N.
JONES, et al.,
Respondents.
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Petition for Writ of Prohibition—Original Jurisdiction.
March 15, 2021
PER CURIAM.
Petitioners seek a writ of prohibition related to a trial court
order dated April 6, 2020, setting near-term discovery and other
deadlines in a case in which another writ of prohibition case is
currently pending in this Court. “Prohibition is an extraordinary
writ . . . by which a superior court . . . may prevent [an] inferior
court or tribunal from exceeding jurisdiction or usurping
jurisdiction over matters not within its jurisdiction.” English v.
McCrary, 348 So. 2d 293, 296 (Fla. 1977).
When the trial court entered the order at issue here,
Petitioners had another petition for writ of prohibition pending in
the same underlying case, and this Court had already issued an
order to show cause. See Case No. 1D19-2821. Relief is warranted
here because issuance of the show cause order in the other case
had the effect of staying further proceedings in the trial court. See
Fla. R. App. P. 9.100(h) (“In prohibition proceedings, the issuance
of an order directing the respondent to show cause shall stay
further proceedings in the lower tribunal.”); Inphynet Contracting
Servs., Inc. v. Soria, 37 So. 3d 299, 301 (Fla. 4th DCA 2010) (“[O]ur
issuance of an order to show cause in case number 4D09-5170,
involving the same underlying case, had the effect of staying
proceedings in the circuit court. The circuit court lacked
jurisdiction to rule on the motion while proceedings were stayed.”)
(citation omitted).
We therefore GRANT the petition for writ of prohibition and
QUASH the order.
ROWE, OSTERHAUS, and M.K. THOMAS, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Laura Beth Faragasso of Henry Buchanan, P.A., Tallahassee, for
Petitioners.
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Michael C. Rayboun of Rayboun Mulligan, PLLC, Tallahassee;
Jerry L. Rumph, Jr. and Jennifer L. Sweeting of Sweeting &
Rumph, P.A., Tallahassee, for Respondents.
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