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BAPTISTE v. JOHNSON

No. 83-1307.

434 So.2d 56 (1983)

Helene Suzette BAPTISTE and Joseph Henry Baptiste, Petitioners, v. Honorable Tom JOHNSON, Judge of the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Probate Division, and Frederick Norman Stepherson, Personal Representative of the Estate of Arthur L. Stepherson, Deceased, Respondents.

District Court of Appeal of Florida, Fourth District.

July 13, 1983.

Attorney(s) appearing for the Case

Michael Richard Meng of Greene & Meng, Boca Raton, for petitioners.

Emmett J. Comiskey, West Palm Beach, for Frederick Norman Stepherson.

GLICKSTEIN, Judge.

This matter is distressing for several reasons. First, prohibition has been sought — a remedy that is so judicially traumatic that just the issuance of an order to show cause effects a stay of the proceedings in the trial court. See Florida Rules of Appellate Procedure 9.100(f). The Supreme Court said in this regard:

In Florida, the courts have consistently determined, in accord with the historical understanding and background of...

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