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The post below was published on Monday, September 20th, 2010 at 9:15 AM.

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Fifth District: Writs and Remedies

It is often said that an extraordinary writ is not available where the aggrieved party has an adequate remedy by appeal. What if no appeal was taken? In other words, what if there was an appellate remedy but it is no longer available?

This decision from the Fifth District shows that the test is not whether a remedy remains available but whether the law provided one at all.

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