Legal Opinion · Dissent

Wood v. Woeste

Court of Appeals of Kentucky

Decided May 1, 2015No. 2015-CA-000011-OAPublished

1Dissent

MAZE, JUDGE,

DISSENTING:

I respectfully dissent from my colleagues’ conclusion that it is necessary and proper to grant the Writ of Prohibition filed by the Father. Kentucky law has consistently held that before an extraordinary writ of prohibition may be issued, it must be shown either that:(1) The lower court is proceeding or is about to proceed outside its jurisdiction and there is no remedy through an application to an intermediate court; or (2) that the lower court is acting or is about *784to act erroneously, although within its jurisdiction, and there exists no adequate remedy by appeal or…

2Cases cited20 opinions

  1. Boone v. LightnerSupreme Court of the United States · 1943
  2. Hoskins v. MaricleKentucky Supreme Court · 2004
  3. Pennington v. MarcumKentucky Supreme Court · 2008
  4. National Gypsum Co. v. CornsKentucky Supreme Court · 1987
  5. Lee v. GeorgeKentucky Supreme Court · 2012

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