MAJESTIC SUN OWNERS' ASSOCIATION, INC., ETC., PETITIONER,
v.
FLORIDA CONDOS I LIMITED PARTNERSHIP, ETC., ET AL., RESPONDENTS
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PER CURIAM.
We DENY the petition for writ of certiorari on the merits to the extent that petitioner argues that the trial court departed from the essential requirements of law in dissolving a notice of lis pendens. We DISMISS the petition to the extent that petitioner argues that the trial court erred in denying its request to amend its complaint as to certain counts. See Bared & Co. v. McGuire, 670 So. 2d 153, 157 (Fla. 4th DCA 1996) (holding that a petition for writ of certiorari should be dismissed if there has been an insufficient showing of irreparable harm and should be denied when it is determined that an order did not depart from the essential requirements of law); see also Venus Labs., Inc. v. Katz, 573 So. 2d 993, 994 (Fla. 3d DCA 1991); Sciabbarrasi v. Uddo, 466 So. 2d 19, 20 (Fla. 5th DCA 1985); Hawaiian Inn of Daytona Beach Inc. v. Snead Constr. Corp., 393 So. 2d 1201, 1201-02 (Fla. 5th DCA 1981).
WOLF, C.J., BARFIELD and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Trucap Grantor Tr. 2010-1 v. Pelt, 84 So. 3d 369 (Fla. 2d DCA 2012)…review. See, e.g., Skyrme v. R.J. Reynolds Tobacco Co., 75 So. 3d 769, 771 (Fla. 2d DCA 2011); Harry Pepper & Assocs., Inc. v. City of Cape Coral, 369 So. 2d 969, 970 (Fla. 2d DCA 1979); Majestic Sun Owners’ Ass’n, Inc. v. Fla. Condos I Ltd. P’ship, 895 So. 2d 534, 534 (Fla. 1st DCA 2005). But see Surette v. Galiardo, 309 So. 2d 253, 253 (Fla. 4th DCA 1975) (determining that, due to the “special circumstances” of the case and the inadequacy of the remedy by appeal, certiorari relief was warranted concerning a…
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Pool v. Bunger, 75 So. 3d 355 (Fla. 1st DCA 2011)…to the fact that Petitioner, Robert Pool, has also filed an appeal in which he raises the same arguments raised in his petition for writ of certiorari, we dismiss the certiorari petition. See Majestic Sun Owners’ Ass’n v. Fla. Condos I Ltd. P’ship, 895 So. 2d 534, 534 (Fla. 1st DCA 2005) (noting that a certiorari petition should be dismissed if there has been an insufficient showing of irreparable harm or material injury that cannot be remedied on appeal). DISMISSED. DAVIS, PADOVANO, and ROWE, JJ., concu…
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Hester v. Savannah HOA (Fla. 2d DCA 2021)…, 1099 (Fla. 1987) ("Ordinarily, orders on motions to strike or dismiss claims do not qualify for review by certiorari."), superseded on other grounds by statute, § 768.72, Fla. Stat. (1989); Majestic Sun Owners' Ass'n v. Fla. Condos I Ltd. P'ship, 895 So. 2d 534, 534-35 (Fla. 1st DCA 2005); Sciabbarrasi v. Uddo, 466 So. 2d 19, 20 (Fla. 5th DCA 1985). We deny the petition as it relates to the order denying Ms. Hester's motion to dissolve lis pendens. See Majestic Sun Owners' Ass'n, 895 So. 2d at 534-35; see…
Authorities Cited
- The Bared & Co., Inc. v. McGUIRE, 670 So. 2d 153 (Fla. 4th DCA 1996)
- The Hawaiian INN OF Daytona Beach Inc. v. Snead Constr. Corp., 393 So. 2d 1201 (Fla. 5th DCA 1981)
- Bella K. Schwartz v. Daniel Sepler, P.A., 466 So. 2d 19 (Fla. 3d DCA 1985)
- Venus Labs., Inc. v. Katz, 573 So. 2d 993 (Fla. 3d DCA 1991)