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H. Ray BADEN, et al., Appellant/Petitioner(s), v. Virginia BADEN, et al., Appellee/Respondent(s).
The petition for writ of prohibition is denied, as prohibition is not available to prohibit a court from exercising personal jurisdiction over a party when the court has subject-matter jurisdiction over the case. See State ex rel. Eli Lilly & Co. v. Shields, 83 So. 2d 271 (Fla. 1955); State ex rel. Atlanta Paper Co. v. Herin, 80 So. 2d 331 (Fla. 1955); Cruzv. Citimortgaqe, Inc., 197 So. 3d 1185 (Fla. 4th DCA 2016). This denial is without prejudice to any party appealing an appropriate written order under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i) or raising the issue on post-judgment appeal. The respondents' motions for attorney's fees are denied. In the motions for attorney's fees, the respondents also sought costs. The respondents' requests for costs are stricken without prejudice to the respondents to file a timely motion with the lower tribunal. See Fla. R. App. P. 9.400(a). Respondents' request for oral argument is also denied.
BY ORDER OF THE COURT:
LaROSE, C.J., and NORTHCUTT and SLEET, JJ., Concur.
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Docket No: CASE NO.: 2D18-1981
Decided: September 24, 2018
Court: District Court of Appeal of Florida, Second District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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