ALFONSO TANNER, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Oken v. Williams, 23 So. 3d 140 (Fla. 1st DCA 2009)
  …requirements of law, which will cause irreparable harm and injury that cannot be remedied on final appeal. See Reeves v. Fleetwood Homes of Fla., Inc., 889 So. 2d 812 (Fla.2004); Royal Marble, Inc. v. Innovative Flooring Stonecrafters of SWF, Inc., 932 So. 2d 221 (Fla. 2nd DCA 2005). That test is not met here. If we uphold the trial judge and dismiss the petition, we cannot predict whether the trial judge will make the same ruling after an evidentiary hearing on the issue following remand. This circumstance…
• Agency FOR Health Care Admin. v. S. Broward Hosp. Dist., 206 So. 3d 826 (Fla. 1st DCA 2016)
  …Corp., 162 So. 3d 146, 151 (Fla. 4th DCA 2015) (“If a petition fails to make a threshold showing of irreparable harm, this Court will dismiss the petition.”) (citation omitted); Royal Marble, Inc. v. Innovative Flooring & Stonecrafters of SWF, Inc., 932 So. 2d 221, 222 (Fla. 2d DCA 2005) (“Because Royal Marble has failed to allege irreparable harm, we dismiss the petition”). Therefore, the petition for review of non-final agency action is DISMISSED. LEWIS, J., CONCURS; WETHERELL, J., CONCURS WITH OPINION.…
• Guardian AD Litem Statewide v. T. V. (Fla. 2d DCA 2023)
  …two and three are jurisdictional. Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011). Further, the petitioner has a heavy burden to demonstrate an entitlement to relief. See Royal Marble, Inc. v. Innovative Flooring & Stonecrafters of SWF, Inc., 932 So. 2d 221, 222 (Fla. 2d DCA 2005). The remedy of certiorari is available "only if the petitioner meets the heavy burden of showing that a clear departure from the essential requirements of law has resulted in otherwise irreparable harm." Id. (quoting Reeves…

Authorities Cited

• Monroe Holmes v. State, 374 So. 2d 944 (Fla. 1979)
• Love v. State, 877 So. 2d 921 (Fla. 5th DCA 2004)