Mintz Truppman, P.A. v. Cozen O'Connor, PLC
After a circuit court denied motions to dismiss based on collateral estoppel, the Third District issued a writ of prohibition barring the circuit court from proceeding. The Florida Supreme Court quashed, holding that prohibition is a preventive, not corrective, remedy limited to restraining a lower court from acting beyond its subject matter jurisdiction, and cannot be used to undo a trial court's ruling on an affirmative defense such as collateral estoppel or res judicata.
Key facts
- Mintz Truppman, P.A. sued Cozen O'Connor, PLC in circuit court; Cozen O'Connor moved to dismiss based on collateral estoppel and res judicata defenses.
- The circuit court denied the motions to dismiss, and Cozen O'Connor sought a writ of prohibition from the Third District Court of Appeal.
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Why it matters
This decision sharply cabins the use of prohibition in civil litigation, foreclosing a favored tactic of seeking extraordinary writ relief when a trial court rejects a res judicata or collateral estoppel defense at the… — full analysis with a trial
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