State Ex Rel. United Mine Workers of America, Local Union 1938 v. Waters

(Filed July 16, 1997)

This is an original prohibition proceeding — it is not an appeal. Since it is not an appeal, the type of record normally filed with an appeal has not been filed with this Court. The majority, nonetheless, while outwardly acknowledging that the case is a prohibition proceeding, has treated it like an appeal in order to reach the conclusion which it seeks to reach. From that point of view, I feel I must dissent.

This Court has stated that prohibition lies in two situations. The first is where a lower tribunal does not have jurisdiction of the subject matter of the case…