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Gordon v. Whitwell

The appellant was not entitled to a writ of prohibition because she could have challenged the underlying juvenile court orders through appropriate appellate review.

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This case is before the Court from an order dismissing a writ of prohibition brought by appellant Cathy Gordon against appellee Monroe County Juvenile Judge Sharon Whitwell. Because the trial court was correct in ruling that the writ does not lie, we affirm. Based on allegations of mental instability, child neglect and abuse, a protective order was issued by Judge Whitwell on her own motion, placing Cathy Gordon’s three minor children in the protective custody of their maternal grandfather, and enjoining Gordon from further contact with the children.

After an evidentiary hearing, Judge Whitwell returned legal custody of the three children to Gordon; ordered that the eldest child, “E. W.,” then 16old remain in the physical custody of his grandfather; and ordered the Monroe County Department of Family and Children Services to file “a juvenile complaint.” In addition, Judge Whitwell imposed certain restrictions on E. W., and set forth a case plan requiring specific action by Gordon and other family members.

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