ST. PAUL GUARDIAN INS. CO., APPELLANT,
v.
SYLVIA BUKAUSKAS, ET AL., APPELLEES
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St. Paul Guardian Insurance Company appealed an interlocutory order granting plaintiffs' motion to set aside a settlement agreement and denying the insurance company's motion to enforce it. The appellate court dismissed the appeal, finding the order was not final and appealable, and alternatively denied certiorari relief because the issues could be renewed on direct appeal.
The order is not a final order, partial final judgment, or other appealable order. Certiorari relief is not appropriate because the issues raised are renewable on direct appeal, and the mere expense and inconvenience of further litigation does not constitute sufficient harm for certiorari review.
[1] An order granting a motion to set aside a settlement agreement and denying a motion to enforce the same is not a final, partial final judgment, or otherwise immediately a…
[2] Certiorari review of an interlocutory, non-appealable order is appropriate only when the order departs from the essential requirements of law and causes material injury t…
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Join FLexlaw to unlock all legal intelligence“The order under review is not a final order, partial final judgment or other appealable order.”
Establishes the threshold defect preventing appellate jurisdiction
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Join FLexlaw to unlock all legal intelligenceSt. Paul Guardian Insurance Company sought to enforce a settlement agreement. The trial court granted the plaintiffs' motion to set aside the settleme…
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PLEUS, J.
Appellant, St. Paul Guardian Insurance Company, filed its “Notice of Appeal of Partial Final Judgment” pursuant to Florida Rules of Appellate Procedure 9.030(b)(1)(A) and 9.110(k) of an “Order Granting Plaintiffs’ Motion to Set Aside Settlement Agreement, Denying Defendants’ St. Paul Guardian Insurance Company Motion to Enforce Settlement Agreement and Denying Petition for Attorney’s Fees and Costs and/or to Disburse Monies Held in the Registry of the Court.” The order under review is not a final order, partial final judgment or other appealable order. We have also considered appellant’s request to review this matter as a petition for writ of certiorari. A certiorari review of an interlocutory, non-appealable order is appropriate only when the order departs from the essential requirements of law and causes material injury to the petitioner throughout the remainder of the proceedings below, effectively leaving no adequate remedy on appeal. Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987).
The mere expense and inconvenience of further litigation does not constitute harm sufficient to permit certiorari review. H.L.O.T. Family Limited Partnership v. Magnolia Plantation Property Owners Association, Inc., 801 So. 2d 292 (Fla. 1st DCA 2001).
We conclude that certiorari relief is not appropriate under the facts of this case because the issues raised in this proceeding are renewable on direct ap peal. See, e.g., Caruso v. Super Vision International, Inc., 845 So. 2d 947 (Fla. 5th DCA 2003).
Accordingly, we dismiss the appeal, alternatively deny the petition and cancel oral argument.
APPEAL DISMISSED.
PALMER and ORFINGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
- Caruso v. Super Vision Int'l, Inc., 845 So. 2d 947 (Fla. 5th DCA 2003)
- Ondina Williams v. Fla. Parole Comm'n, 801 So. 2d 292 (Fla. 1st DCA 2001)
- The H.L.O.T. Fam. Ltd. P'ship & U.I.L. Fam. Ltd. P'ship v. Magnolia Plantation Prop. Owners' Ass'n, Inc., 801 So. 2d 292 (Fla. 1st DCA 2001)