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PROSSER v. POLK COUNTY

No. 89-00639.

545 So.2d 934 (1989)

David S. PROSSER, Isaias Ramose and Elouisa Ramose, Petitioners, v. POLK COUNTY, a Political Subdivision of the State of Florida, Respondent.

District Court of Appeal of Florida, Second District.

May 24, 1989.

Attorney(s) appearing for the Case

Franz Eric Dorn of Moran & Tileston, Lakeland, for petitioners.

A.H. Lane and Robert L. Trohn of Lane, Trohn, Clarke, Bertrand & Williams, P.A., Lakeland, for respondent.

PER CURIAM.

David Prosser and Isaias and Elouisa Ramose seek a writ of prohibition to bar the circuit court from proceeding with an eminent domain action brought by Polk County. Because the petition does not allege a total absence of subject matter jurisdiction; see English v. McCrary, 348 So.2d 293 (Fla. 1977); we treat the pleading as a petition for writ of certiorari. Art. V, § 2(a), Fla. Const.; Fla.R.App.P. 9.040...

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