BENJAMIN LEVI JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BENJAMIN LEVI JOHNSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
868 So. 2d 1292
Florida District Court of Appeal, Fifth District (2004)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
AFFIRMED without prejudice to Appellant to file an appropriate motion for postconviction relief.
SAWAYA, C.J., GRIFFIN and MONACO, JJ., concur.
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Loewenstein, Inc. v. Draheim, 898 So. 2d 1129 (Fla. 4th DCA 2005)…see, 703 So. 2d at 1069. Certiorari jurisdiction is not appropriate because Loewenstein has not suffered an irreparable harm that cannot be remedied on direct appeal. See Johnson v. Levine, 736 So. 2d 1235, 1238 (Fla. 4th DCA 1999); Zabawa v. Penna, 868 So. 2d 1292, 1293 (Fla. 5th DCA 2004). Appeal dismissed. STONE and HAZOURI, JJ., concur.…
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Dep't OF Child. & Families v. Clem, 903 So. 2d 1011 (Fla. 5th DCA 2005)…r has another remedy. See Nussbaumer v. State, 882 So. 2d 1067 (Fla. 2d DCA 2004) (to determine if court has cer-tiorari jurisdiction, court must first decide whether petitioner has demonstrated that order creates irreparable harm); Zabawa v. Penna, 868 So. 2d 1292 (Fla. 5th DCA 2004) (as a condition precedent to invoking certiorari jurisdiction of court, petitioner must establish it has suffered an irreparable harm). CERTIORARI DENIED. PLEUS and PALMER, JJ., concur.…
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Mariner Health Care v. Polly Y. Griffith, 898 So. 2d 982 (Fla. 5th DCA 2005)…ra. Furthermore, the inconvenience and expense of litigation after an allegedly incorrect interlocutory ruling does not constitute the kind of material harm or irreparable injury for which certiorari review is available. See, e.g., Zabawa v. Penna, 868 So. 2d 1292 (Fla. 5th DCA 2004); Beverly Enterprises-Florida, Inc. v. Lane, 855 So. 2d 1172, 1172-1173 (Fla. 5th DCA 2003); Royal Caribbean Cruises, Ltd. v. Sinclair, 808 So. 2d 231, 232 (Fla. 3d DCA 2001), rev. denied, 823 So. 2d 125 (Fla.2002). In Smithers v…
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