IRENE SAUM, APPELLANT,

v.

GOVERNMENT EMPLOYEES INSURANCE COMPANY, APPELLEE

Citator

Cited By

• Shoemaker v. State Farm Mut. Auto. Ins. Co., 890 So. 2d 1195 (Fla. 5th DCA 2005)
  …on to grant a motion for stay, but certiorari is available as a remedy if the delay in proceedings constitutes a departure from the essential requirements of law causing material injury that cannot be remedied on direct appeal. See Smith v. St. Vil, 765 So. 2d 60 (Fla. 4th DCA 2000). We conclude that the circuit court should not have granted the stay, because Shoemaker is not a party to the two other cases now on appeal. Further, the two appeals were not initiated in the same appellate court nor do they invo…
• Verlingo v. Telsey, 801 So. 2d 1009 (Fla. 4th DCA 2001)
  …d O’Sun Realty, Ltd., 643 So. 2d 1107 (Fla. 4th DCA 1994), a “delay of the entire proceedings may constitute a departure from the essential requirements of law and cause irreparable injury that cannot be remedied on direct appeal.” Smith v. St. Vil, 765 So. 2d 60 (Fla. 4th DCA 2000). Shake Consulting, LLC v. Suncruz Casinos, LLC, 781 So. 2d 494, 495 (Fla. 4th DCA 2001) (replacing the quote in Smith from “final appeal” to “direct appeal”). Although the facts underlying the two proceedings are related, th…
• Shake Consulting, LLC v. Suncruz Casinos, LLC, 781 So. 2d 494 (Fla. 4th DCA 2001)
  …d O’Sun Realty, Ltd., 643 So. 2d 1107 (Fla. 4th DCA 1994), a “delay of the entire proceedings may constitute a departure from the essential requirements of law and cause irreparable injury that cannot be remedied on direct appeal.” Smith v. St. Vil, 765 So. 2d 60 (Fla. 4th DCA 2000). In this case, the trial court acted within its discretion in granting the stay, as there were numerous lawsuits pending involving many of the same issues, and there was the risk of inconsistent and/or duplicate rulings. Substant…

Authorities Cited

• Nationwide Mut. Fire Ins. Co. v. Olah, 662 So. 2d 980 (Fla. 2d DCA 1995)