J.G., THE FATHER,
v.
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, ET AL.,
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A father sought certiorari review of a trial court order removing his son from the paternal aunt's custody and placing the child in foster care. The appellate court dismissed the petition because the father failed to demonstrate irreparable harm, a jurisdictional prerequisite for certiorari relief.
The court lacks jurisdiction to grant certiorari relief because the father failed to show that the placement modification order caused him material injury that cannot be corrected on appeal.
[1] Certiorari is an extraordinary remedy that requires a showing of irreparable harm that cannot be corrected on appeal.
[2] A departure from the essential requirements of law is a necessary element for granting certiorari relief.
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Join FLexlaw to unlock all legal intelligence“Certiorari is an extraordinary remedy that "never was intended to redress mere legal error."”
Establishes the limited scope of certiorari review—it addresses only extraordinary departures from law, not ordinary legal errors.
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Join FLexlaw to unlock all legal intelligenceThe trial court modified R.G.'s placement from the custody of his paternal aunt to foster care after finding the aunt failed to disclose relevant info…
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HENDON, J.
The Father, J.G., seeks certiorari review of the trial court’s non-final order modifying R.G.’s placement from the custody of his paternal aunt into foster care.1 See § 39.522, Fla. Stat. (2019). The trial court found that it was in R.G.’s best interests to remove him from the custody of the paternal aunt as a result of the aunt’s failure to disclose relevant information that ultimately resulted in a negative home study. This permitted the court’s removal of R.G. from that environment. See § 39.521(2)(o), Fla. Stat. (2019). The Father had been previously deported, did not have custody, and does not now seek custody.
Certiorari is an extraordinary remedy that “never was intended to redress mere legal error.” Broward Cty. v. G.B.V., Int’l, Ltd., 787 So. 2d 838, 842 (Fla. 2001). To grant certiorari relief, a party must demonstrate: (1) a material injury in the proceedings that cannot be corrected on appeal (sometimes referred to as irreparable harm); and (2) a “depart[ure] from the essential requirements of the law.” Nader v. Fla. Dep't of Highway Safety & Motor Vehicles, 87 So. 3d 712, 721 (Fla. 2012) (quotations omitted). The establishment of irreparable harm is a condition precedent to invoking certiorari jurisdiction. Stockinger v. Zeilberger, 152 So. 3d 71, 73 (Fla. 3d DCA 2014).
As the Father has not shown that the modification of placement order causes him any material injury that cannot be corrected on appeal, i.e., irreparable harm, we lack jurisdiction to review the petition.
Petition dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Broward Cnty. v. G.B.V. Int'l, Ltd., 787 So. 2d 838 (Fla. 2001)
- Nader v. Fla. Dep't OF Hwy. Safety & Motor Vehicles, 87 So. 3d 712 (Fla. 2012)
- Stockinger v. Ulrike A. Zeilberger, 152 So. 3d 71 (Fla. 3d DCA 2014)