State Ex Rel. J. Richard Gaier Co. v. Kessler

This matter is before the court on respondent’s reply to the alternative writ issued by this court on November 3, 1994. We ordered respondent, Judge William E. Kessler, to show cause why a writ of prohibition should not issue, as it appeared that he may have been unlawfully exercising jurisdiction in Burns v. Henne et al., Miami Municipal Court No. 93-CVFT-659. Respondent argues in his response that notwithstanding plaintiffs’ voluntary dismissal of the underlying action under Civ.R. 41(A)(1), respondent has jurisdiction to rule on a Civ.R. 11 motion for sanctions as reasoned in Grossman v.…