State ex rel. Ferrebee v. Court of Appeals, Fourth Appellate District

Plaintiff by this action seeks to prevent the Court of Appeals from ruling on defendant’s appeal from the ruling of the Court of Common Pleas by which his motion for a new trial was expunged. A writ of prohibition is an extraordinary judicial writ, which the Supreme Court is empowered to issue by Section 2 of Article IV of the Constitution, to prevent an inferior court or tribunal from usurping or exercising jurisdiction with which it is not legally invested. Prohibition will be awarded only where the lower court lacks jurisdiction to act in the matter. State, ex rel. Brickell, v. Roach…