SETH NEELEY AS PERSONAL REPRESENTATIVE OF THE ESTATE OF AMANDA NEELEY, PETITIONER,
v.
CW ROBERTS CONTRACTING, INCORPORATED AND WILSON BRANDON LEWIS, RESPONDENTS
PER CURIAM.
Petitioner seeks certiorari review of an order of the circuit court denying his motions to compel discovery. As we have repeatedly observed, orders having the effect of denying discovery are almost invariably not reviewable by certiorari because of the absence of irreparable harm. See Boyd v. Pheo, Inc., 664 So. 2d 294 (Fla. 1st DCA 1995); Esman v. Bd. of Regents, 425 So. 2d 156 (Fla. 1st DCA 1983). Inasmuch as any error by the circuit court will be readily remediable on appeal, this case presents no basis for departing from this general rule. Accordingly, the petition for writ of certiorari is DENIED.
BARFIELD, VAN NORTWICK, and THOMAS, JJ., concur.
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Damsky v. Univ. OF Miami & Alan Livingstone, M.D., 152 So. 3d 789 (Fla. 3d DCA 2014)…able harm because it can be readily remedied on appeal; therefore, “orders having the effect of denying discovery are almost invariably not reviewable by certiorari because of the absence of irreparable harm.” Neeley v. CW Roberts Contracting, Inc., 948 So. 2d 844 (Fla. 1st DCA 2007); see also Esman v. Bd. of Regents, 425 So. 2d 156, 157 (Fla. 1st DCA 1983) (“[T]he trial court’s interlocutory ruling denying discovery does not furnish the occasion for this court’s intervention through the use of the extraordin…
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Bill Kasper Constr. Co., Inc. v. Morrison, 93 So. 3d 1061 (Fla. 5th DCA 2012)…ower Plant Entm’t, LLC v. Trump Hotels & Casino Resorts Dev. Co., 958 So. 2d 565, 566 (Fla. 4th DCA 2007) (en banc) (certiorari not available from denial of discovery due to adequate remedy on plenary appeal); Neeley v. CW Roberts Contracting, Inc., 948 So. 2d 844 (Fla. 1st DCA 2007) (orders denying discovery almost invariably not reviewable by certiorari because of absence of irreparable harm); Chavarria v. Bautista, 922 So. 2d 245 (Fla. 3d DCA 2006) (denial of discovery not reviewable by certiorari). Assum…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Spike von Zamft v. Heller, 425 So. 2d 156 (Fla. 3d DCA 1983)
- Boyd v. Pheo, Inc., 664 So. 2d 294 (Fla. 1st DCA 1995)