BURNS v. STATE (2021)

District Court of Appeal of Florida, First District.

Calvin D. BURNS, Petitioner, v. STATE of Florida, Respondent.

No. 1D20-3531

Decided: May 13, 2021

Calvin D. Burns, pro se, Petitioner. Ashley Moody, Attorney General, Tallahassee, for Respondent.

The petition for writ of prohibition is denied on the merits. See State v. R.R. Comm'rs of Fla., 79 Fla. 526, 84 So. 444, 445 (1920) (“The action which may be restrained by the writ of prohibition must be judicial or quasi judicial in its nature. The writ will not lie to prevent officers or tribunals from acting where such action is not judicial in its nature.”); Broward Cnty. v. Fla. Nat'l Prop., 613 So. 2d 587, 588 (Fla. 4th DCA 1993) (“Prohibition lies only to prevent judicial or quasi-judicial actions, not legislative, executive or administerial actions.”); Muina v. Sheriff of Gulf Cnty., 376 So. 2d 276, 276 (Fla. 1st DCA 1979) (“Prohibition will only lie against a judicial tribunal or one exercising quasi-judicial power.”).

Per Curiam.

Kelsey, Jay, and Nordby, JJ., concur.

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