What did the court decide?

The appellate court denied the emergency petition for a writ of prohibition and related relief; the court did not grant the requested stay or order against the trial judge.

Who is affected by this decision?

The petitioner, Elizabeth Collins, is directly affected because her emergency request was denied; the trial judge and the ongoing trial-court proceedings remain unaffected by appellate intervention from this order.

What are the legal grounds for the denial?

The court relied on a Florida court administration rule and precedent (Rule 2.330(i) and Delgado v. Miller) indicating the petition did not meet the standards for extraordinary emergency relief.

Can this decision be challenged further?

The order notes it is not final as to any timely and authorized motion under the Florida Rules of Appellate Procedure (e.g., motions under rules 9.330 or 9.331), so the petitioner may seek further authorized relief or rehearing if permitted.

Elizabeth Collins v. Sean Collins

Docket 5D2026-0890

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

OtherDenied

Filed: Apr 24, 2026 · 1 week ago
Jurisdiction: Florida
Court: District Court of Appeal of Florida
Type: Opinion
Case type: Other
Disposition: Denied
Docket: 5D2026-0890

Emergency petition for writ of prohibition and other extraordinary relief filed in the Fifth District Court of Appeal seeking to restrain a trial judge

Summary

The Fifth District Court of Appeal denied Elizabeth Collins's emergency second petition seeking a writ of prohibition, other extraordinary relief, and an immediate constitutional stay against the trial judge. The court issued a short per curiam order denying the petition and cited Florida Rule of General Practice and Judicial Administration 2.330(i) and Delgado v. Miller as supporting authority. No respondent appeared, and three judges concurred. The denial is subject to any timely authorized motion under the appellate rules.

Issues Decided

Whether the petitioner was entitled to an emergency writ of prohibition or other extraordinary relief against the trial judge
Whether an immediate constitutional stay was appropriate under the cited authority and court rules

Court's Reasoning

The court denied the emergency petition based on the controlling rule and precedent it cited—Florida Rule of General Practice and Judicial Administration 2.330(i) and Delgado v. Miller—indicating that the petition did not satisfy the standards for the extraordinary relief sought. The per curiam order is brief and relies on those authorities to conclude the requested relief was not warranted. No extended factual or legal analysis was provided in the short denial.

Authorities Cited

Florida Rule of General Practice and Judicial Administration 2.330(i)
Delgado v. Miller358 So. 3d 801 (Fla. 3d DCA 2023)
Florida Rules of Appellate Procedure 9.330 and 9.331

Parties

Appellant: Elizabeth Collins
Appellee: Sean Collins
Respondent: Kenneth James Janesk, II (Respondent Judge)
Judge: EDWARDS, KILBANE, and MACIVER, JJ.

Key Dates

Decision date: 2026-04-24

What You Should Do Next

1
Consider authorized appellate motions
Review Florida Rules of Appellate Procedure 9.330 and 9.331 and, if appropriate, file a timely and authorized motion for rehearing or other relief under those rules.
2
Consult an attorney
Consult appellate counsel to evaluate whether the petition could be refiled with additional supporting authority or whether alternative remedies are available in the trial court or higher appellate review.
3
Proceed in trial court
Unless further appellate relief is obtained, continue to participate in or comply with the underlying trial-court proceedings that prompted the petition.

Frequently Asked Questions

What did the court decide?: The appellate court denied the emergency petition for a writ of prohibition and related relief; the court did not grant the requested stay or order against the trial judge.
Who is affected by this decision?: The petitioner, Elizabeth Collins, is directly affected because her emergency request was denied; the trial judge and the ongoing trial-court proceedings remain unaffected by appellate intervention from this order.
What are the legal grounds for the denial?: The court relied on a Florida court administration rule and precedent (Rule 2.330(i) and Delgado v. Miller) indicating the petition did not meet the standards for extraordinary emergency relief.
Can this decision be challenged further?: The order notes it is not final as to any timely and authorized motion under the Florida Rules of Appellate Procedure (e.g., motions under rules 9.330 or 9.331), so the petitioner may seek further authorized relief or rehearing if permitted.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

FIFTH DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                     Case No. 5D2026-0890
                 L.T. Case No. 2020-DR-001255
                 _____________________________

ELIZABETH COLLINS,

    Appellant,

    v.

SEAN COLLINS,

    Appellee.
                 _____________________________


Emergency Second Petition for Writ of Prohibition, Invocation of
All Writs Relief, and Emergency Constitutional Stay.
Kenneth James Janesk, II, Respondent Judge.

Elizabeth Collins, Palm Coast, pro se.

No Appearance for Respondent.

                          April 24, 2026

PER CURIAM.

    DENIED. See Fla. R. Gen. Prac. & Jud. Admin. 2.330(i);
Delgado v. Miller, 358 So. 3d 801, 803–04 (Fla. 3d DCA 2023).

EDWARDS, KILBANE, and MACIVER, JJ., concur.
          _____________________________

Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
           _____________________________




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