Asked in Appeals / Appellate Law for Florida

Q: If I invoke the appellate courts original jurisdiction does the trial court automatically lose its jurisdiction over me

I filed a writ of prohibition in regards to the question above

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2 Lawyer Answers
Charles William Michaels
PREMIUM
Answered

A: Generally, yes.

A: Automatically, no. If the court of appeals issues a show cause order, yes.

See Florida Rule of Appellate Procedure 9.100(h), and Byrd-Green v. State, 40 So. 3d 848, 848–49 (Fla. 3d DCA 2010):

"A petition for writ of mandamus, together with the other four extraordinary writs-prohibition, habeas corpus, quo warranto, and writs issued under the 'all writs' power-are independent of and collateral to the proceedings below. Accordingly, they do not divest the trial court of jurisdiction, except in the case of a petition for writ of prohibition where a district court of appeal has issued a show cause order."

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