Elizabeth Collins v. Sean Collins - Emergency Petition Denied
Summary
The Fifth District Court of Appeal of Florida denied Elizabeth Collins's emergency second petition for writ of prohibition, invocation of all writs relief, and emergency constitutional stay in this domestic relations matter. Kenneth James Janesk, II appeared as respondent judge, with Elizabeth Collins appearing pro se and no appearance for the respondent. The court denied the petition citing Florida Rule of General Practice and Judicial Administration 2.330(i) and Delgado v. Miller, with all three judges concurring.
“DENIED. See Fla. R. Gen. Prac. & Jud. Admin. 2.330(i); Delgado v. Miller, 358 So. 3d 801, 803-04 (Fla. 3d DCA 2023).”
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Florida's District Courts of Appeal sit between the trial courts and the Florida Supreme Court. Six districts cover the state, hearing appeals on civil judgments, criminal convictions, family law orders, and administrative decisions. This feed tracks every published opinion across all six districts, around 125 a month, with the case name, appellant, type of relief sought, and outcome. Watch this if you practice civil litigation in Florida, defend insurance disputes (the carriers fight a lot of appeals here), or follow Florida's busy criminal post-conviction docket. GovPing pulls from CourtListener's official mirror of the courts' RSS feeds.
What changed
The appellate court denied the emergency petition seeking writ of prohibition and related relief, finding the petition without merit under the applicable procedural rules. The court's denial is grounded in Rule 2.330(i) and the precedent established in Delgado v. Miller. For practitioners, this case illustrates the high bar for obtaining extraordinary writ relief in Florida appellate proceedings and the importance of satisfying procedural requirements under the general practice rules.
Pro se litigants filing emergency petitions for writs should ensure they have properly invoked the court's jurisdiction and articulated a clear legal basis for the extraordinary relief sought. The court decided this petition on the papers without oral argument, demonstrating that emergency procedural filings can be resolved summarily when they fail to demonstrate entitlement to relief.
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Apr 24, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 24, 2026 Get Citation Alerts Download PDF Add Note
Elizabeth Collins v. Sean Collins
District Court of Appeal of Florida
- Citations: None known
Docket Number: 5D2026-0890
Combined Opinion
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.
2
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