MARIA TERESA COSTANTINI GOMES
v.
VICTOR MANIGLIA, ET AL.
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A petition for certiorari review was dismissed for failure to demonstrate irreparable harm, which is a condition precedent for invoking district court certiorari jurisdiction. The court reaffirmed that harm must be of an irreparable nature and not remediable on appeal from a final judgment.
The court held that the petitioner failed to satisfy the irreparable harm requirement for certiorari jurisdiction because the alleged harm could be remedied on appeal of the final judgment, and harm that can be adequately compensated through monetary award is not irreparable.
[1] Irreparable harm is a condition precedent to invoking a district court's certiorari jurisdiction.
[2] If the alleged harm can be remedied on appeal, the harm is not considered irreparable, and thus certiorari relief is not merited.
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Join FLexlaw to unlock all legal intelligence“If the party seeking review does not demonstrate that it will suffer material injury of an irreparable nature, then an appellate court may not grant certiorari relief from a non-appealable non-final order. Similarly, if the alleged harm can be remedied on appeal, the harm is not considered irreparable, and thus certiorari relief is not merited.”
Establishes the fundamental requirement of irreparable harm as a condition precedent for certiorari jurisdiction
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Join FLexlaw to unlock all legal intelligenceThe case involves a party seeking certiorari review of a non-final order. The petitioner alleged harm related to property encumbered by a lis pendens …
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PER CURIAM.
Dismissed. See Bd. of Trs. of Internal Improvement Tr. Fund v. Am. Educ. Enters., LLC, 99 So. 3d 450, 455 (Fla. 2012) (reaffirming that irreparable harm is a condition precedent to invoking a district court's certiorari jurisdiction, and observing: “If the party seeking review does not demonstrate that it will suffer material injury of an irreparable nature, then an appellate court may not grant certiorari relief from a non-appealable non-final order. Similarly, if the alleged harm can be remedied on appeal, the harm is not considered irreparable, and thus certiorari relief is not merited.” (citations omitted)); Landmark at Crescent Ridge LP v. Everest Fin., Inc., 219 So. 3d 218, 219 (Fla. 1st DCA 2017) (dismissing petition for writ of certiorari, holding: "There is no showing that the order denying the motion to dissolve the lis pendens at issue cannot be remedied on appeal of the final judgment. Although the petition states generally that the property cannot be sold while encumbered by the lis pendens, that Petitioner is in danger of defaulting on mortgages connected with the property if it cannot sell, and that the lawsuit might persist for a substantial time period, the petition fails "to clearly reflect how the potential ‘harm is incurable' by a final appeal.") (quotations omitted); id. at 220 (analyzing irreparable harm prong in analogous context of denial of motion to dissolve temporary injunction, and noting: “Accordingly, the law governing the irreparable harm required for injunctive relief is instructive; '[t]here is no irreparable harm for the purpose of a temporary injunction where the harm can be adequately compensated for by a monetary award.” (quoting City of Miami Springs v. Steffen, 423 So. 2d 930, 931 (Fla. 3d DCA 1982))).
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Citator
Authorities Cited
- Bd. OF Trs. OF the Internal Improvement Tr. Fund v. Am. Educ. Enters., LLC, 99 So. 3d 450 (Fla. 2012)
- City OF Miami Springs v. Steffen, 423 So. 2d 930 (Fla. 3d DCA 1982)