DODD CHIROPRACTIC CLINIC, P.A. A/A/O TRACY DAVIS
v.
USAA CASUALTY INSURANCE COMPANY
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A petition for writ of certiorari must be dismissed when the petitioner has not established irreparable harm.
[1] Effective January 1, 2021, circuit courts lost jurisdiction to issue extraordinary writs in cases where they also lost direct appellate jurisdiction over county court app…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The circuit court does not have jurisdiction to issue an extraordinary writ if it does not have direct appellate jurisdiction over the subject matter.”
The court cited this principle from Barr to explain that circuit courts lost jurisdiction to issue extraordinary writs when they lost appellate jurisdiction over county court cases.
Petitioner filed a petition for writ of certiorari in circuit court challenging a county court order denying discovery. As of January 1, 2021, Florida…
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PER CURIAM.
Petitioner filed a petition for writ of certiorari in the circuit court, Fourth Judicial Circuit, challenging an order from the Duval County Court, which denied Petitioner discovery. As of January 1, 2021, section 26.012, Florida Statutes, was amended to remove a circuit court’s jurisdiction to hear most appeals from the county courts. Ch. 2020-61, § 3, Laws of Florida. As such, the circuit courts also lost jurisdiction to issue extraordinary writs in those same cases. See Dep’t of Health, Bd. of Dentistry v. Barr, 882 So. 2d 501, 501 (Fla. 1st DCA 2004) (“The circuit court does not have jurisdiction to issue an extraordinary writ if it does
not have direct appellate jurisdiction over the subject matter.”).∗ The petition was transferred to this court.
As Petitioner has not established any irreparable harm, the petition for writ of certiorari is dismissed. See CQB, 2010, LLC v. Bank of New York Mellon, 177 So. 3d 644, 645 (Fla. 1st DCA 2015).
DISMISSED.
BILBREY, WINOKUR, and NORDBY, JJ., concur. _____________________________
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Citator
Cited By
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Thompson v. Thompson (Fla. 3d DCA 2022)
-
Hitchman v. State (Fla. 3d DCA 2021)
-
Thompson v. Thompson (Fla. 3d DCA 2022)
Authorities Cited
- CQB v. The Bank OF NEW York Mellon, 177 So. 3d 644 (Fla. 1st DCA 2015)
- Dep't OF Health v. Robert H. Barr, D.M.D., 882 So. 2d 501 (Fla. 1st DCA 2004)