Florida Supreme Court Turns Back Challenge to First DCA's Appellate Jurisdiction
As I wrote about here, since 1979 the First District Court of Appeal in Tallahassee has exercised statewide jurisdication over all workers' compensation appeals - even in those cases which arise outside the normal geographic jurisdiction of that Court. In Saldana v. Miami-Dade County, Florida, the claimant, a resident of South Florida, filed a petition for writ of prohibition in the Florida Supreme Court asking the Court to prohibit the First District from hearing the appeal of his workers' compensation case.
But in this order dated 8/23/2007, the Supreme Court denied the petition without ever requiring a response from Miami-Dade County or from the First District itself. The Court concluded that "prohibition is not available to prevent an erroneous exercise of jurisdiction or if another appropriate and adequate legal remedy exists." Therefore, Mr. Saldana will now have his appeal heard by the First District.
