M.L., THE MOTHER

v.

DEPARTMENT OF CHILDREN AND FAMILIES, ET AL.,

Fla. 3d DCA | 2019-11-13

No. 19-1670

282 So. 3d 1022 Florida District Court of Appeal, Third District (2019) Caution

Cited by 1 case

Topics

Certiorari Jurisdiction Non-Final Order Condition Precedent Irreparable Harm

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Opinion of the Court

SCALES, J.

Petitioner, M.L., the mother of two minor children adjudicated dependent and currently in foster care, seeks certiorari review of a non-final order of the trial court that changed the family’s case plan goal from reunification to adoption of the two children. See § 39.6013(4), (6), Fla. Stat. (2019). At the July 25, 2019 Permanency and Judicial Review Hearing, the trial court also made an oral pronouncement that ordered the continuation of reunification services to M.L. As a result, M.L. has not suffered irreparable harm from the entry of the trial court’s order.¹ To establish irreparable harm, M.L. must demonstrate that she suffered “a material injury that cannot be corrected on appeal.” Stockinger v. Zeilberger, 152 So. 3d 71, 73 (Fla. 3d DCA 2014). “The establishment of irreparable harm is a condition precedent to invoking certiorari jurisdiction.” Id. Thus, this Court lacks certiorari jurisdiction to review M.L.’s petition. Petition dismissed.

Footnotes

1 We note that the written order of July 25, 2019, neglects to mention the continued provision of services to M.L. The oral pronouncement controls. R.W. v. Dep’t of Children & Families, 147 So. 3d 631, 632 (Fla. 3d DCA 2014).

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Citator

Cited By

R.R. v. Dep't of Child. & Families (Fla. 3d DCA 2022)

Authorities Cited

Stockinger v. Ulrike A. Zeilberger, 152 So. 3d 71 (Fla. 3d DCA 2014)
R.W. v. Dep't OF Child. & Families, 147 So. 3d 631 (Fla. 3d DCA 2014)

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