Sometimes the law is confusing. Find out the orders that can be appealed, what they mean and when they can be appealed in Florida divorce or custody case.
What does it mean to seek a Writ of Certiorari, Writ of Mandamus, or Writ of Prohibition?
Writs of Certiorari are available to correct a non-final decision of a trial court that departs from the essential requirements of the law. In divorce and custody cases, seeking a writ of certiorari is typically limited to appealing discovery orders that require production of documents or information that is privileged in nature.
Writs of Mandamus are available to require a divorce court judge to take action. If granted, a Writ of Mandamus requires the trial court to take an action quickly. Petitions for Writs of Mandamus are not often filed in divorce or family law cases. When they are filed, it is typically done for the purpose of trying to get a judge to issue a decision in a case or set a hearing quickly.
A Writ of Prohibition is an appellate court order removing a trial judge from further involvement with a case. Seeking a Writ of Prohibition is typically done when the trial court judge refuses to disqualify themselves from a case upon request of either party.
Certiorari, mandamus and prohibition remedies are separately explained in detail in the following sections: Writs of Certiorari; Writs of Mandamus; and Writs of Prohibition. [NEED TO INSERT LINKS].
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