Florida District Courts of Appeal, 2004

McCreight v. Hertz Pump & Compressor

McCreight v. Hertz Pump & Compressor
Florida District Courts of Appeal · Decided June 14, 2004 · Barfield, Benton, Davis
874 So. 2d 1272; 2004 Fla. App. LEXIS 8337; 2004 WL 1301080 (Southern Reporter, Second Series)

McCreight v. Hertz Pump & Compressor

Opinion of the Court

PER CURIAM.

Upon consideration of petitioner’s response to the Court’s order of April 30, 2004, in which petitioner “agrees that the Petition for Writ of Prohibition is moot to the extent that the insolvency hearing addressed by the Petition has already occurred,” the Petition is dismissed as moot. See English v. McCrary, 348 So.2d 293, 296-297 (Fla. 1977) (“[A writ of prohibition’s] purpose is to prevent the doing of something, not to compel the undoing of something already done. It cannot be used to revoke an order already entered.”); Wetherell v. Thursby, 100 Fla. 108, 129 So. 345, 345-346 (1930) (holding where issues had become moot by the passing of time, the proceeding in prohibition must be dismissed).

DISMISSED.

BARFIELD, DAVIS, and BENTON, JJ., Concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.