PRESIDIO NETWORKED SOLUTIONS, INC., PETITIONER,
v.
KENNETH H. TAYLOR, III, AND DEBRA S. TAYLOR, RESPONDENTS
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Presidio Networked Solutions, Inc. sought certiorari review of a circuit court order directing it to retroactively reinstate an employee's health insurance policy that had lapsed. The court granted the petition, finding that the circuit court violated due process by entering the order without giving Presidio notice or an opportunity to be heard.
The court held that the circuit court departed from the essential requirements of law by denying Presidio due process through the denial of notice and an opportunity to be heard. Certiorari review was available because Presidio, as a non-party to the dissolution proceeding, could not challenge the order on direct appeal and requiring it to risk contempt was too great a price. The order was quashed and the case remanded.
[1] Certiorari review is available for an interlocutory order when the petitioner demonstrates a departure from the essential requirements of law, resulting in material injur…
[2] A non-party to a proceeding cannot challenge a court order through direct appeal and faces irreparable harm if forced to risk contempt to challenge the order.
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Join FLexlaw to unlock all legal intelligence“the circuit court ordered Presidio to reinstate Mr. Taylor's health insurance policy retroactively without giving Presidio notice or an opportunity to be heard. This complete denial of due process to Presidio in connection with the underlying proceedings constitutes the type of irreparable harm that is subject to certiorari review.”
Establishes that denial of notice and hearing to a non-party constitutes irreparable harm cognizable by certiorari.
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Join FLexlaw to unlock all legal intelligenceKenneth H. Taylor, III was employed by Presidio. During dissolution proceedings between Mr. and Mrs. Taylor, the circuit court found that Mr. Taylor's…
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Presidio Networked Solutions, Inc. petitions for certiorari review of an order entered in the underlying dissolution proceeding between its employee, Kenneth H. Taylor, III, and his wife, Debra S. Taylor. Presidio argues that the circuit court departed from the essential requirements of the law, thereby causing it irreparable harm, when, without giving Presidio notice or an opportunity to be heard, it entered an order directing Presidio to retroactively reinstate Mr. Taylor’s health insurance policy after the policy lapsed absent any fault of Presidio. We agree and grant the petition, quash the order on review, and remand for further proceedings.1
“To obtain certiorari relief on an interlocutory order, the petitioner must demonstrate (1) a departure from the essential requirements of the law, (2) resulting in material injury for the remainder of the case (3) that cannot be corrected on postjudgment appeal.” Trucap Grantor Trust 2010-1 v. Pelt, 84 So.3d 369, 371 (Fla. 2d DCA 2012) (quoting Reeves v. Fleetwood Homes of Fla., Inc., 889 So.2d 812, 822 (Fla.2004) (internal quotation marks omitted)). We review the final two elements first because they are jurisdictional. Id.
Here, the circuit court ordered Presidio to reinstate Mr. Taylor’s health insurance policy retroactively without giving Presidio notice or an opportunity to be heard. This complete denial of due process to Presidio in connection with the underlying proceedings constitutes the type of irreparable harm that is subject to certiorari review. See K.G. v. Fla. Dep’t of Children & Families, 66 So.3d 366, 368 (Fla. 1st DCA 2011) (observing that if a mother’s allegation that she was denied an opportunity to be heard on a shelter peti*436tion was true, the resulting harm would be irreparable unless immediately addressed; otherwise “the entire proceeding [would be] based on a denial of her due process rights”); see also A.G. v. Fla. Dep’t of Children & Families, 65 So.3d 1180, 1182 (Fla. 1st DCA 2011) (holding that the denial of counsel to a father at a shelter hearing constituted a denial of due process renewable by certiorari).
Moreover, because Presidio is not a party to the underlying dissolution proceeding, it cannot challenge the order on direct appeal. Other than certiorari review, the only way that Presidio could challenge the circuit court’s order would be to risk contempt for failure to comply with the order and then appeal an order of contempt. See Nussbaumer v. State, 882 So.2d 1067, 1072 (Fla. 2d DCA 2004) (citing Briggs v. Salcines, 392 So.2d 263, 266 (Fla. 2d DCA 1980)). “However, this is ‘too great a price’ to require [Presidio] to pay.” Id. (quoting Briggs). Accordingly, the jurisdictional prong for certiorari review is met in this case.
For similar reasons, we conclude that the circuit court departed from the essential requirements of the law in entering the subject order. The circuit court made a factual finding that “[Mr. Taylor’s] policy of insurance was mistakenly cancelled,” without giving Presidio the opportunity to explain the circumstances under which the policy had lapsed, and it directed Presidio to take action that it may be unable to take without first giving Presidio notice and an opportunity to be heard. “Denial of due process [to Presidio] constitutes a departure from the essential requirements of law.” Dep’t of Revenue v. Freeman, 762 So.2d 580, 581 (Fla. 5th DCA 2000); see Quincoces v. Quincoces, 10 So.3d 657, 659 (Fla. 3d DCA 2009) (same).2
Accordingly, we grant the petition, quash the order on review, and remand the case for further proceedings.
KHOUZAM and CRENSHAW, JJ., Concur.
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Bouchard v. Bouchard (Fla. 2d DCA 2020)
Authorities Cited
- Reeves v. Fleetwood Homes OF Fla., Inc., 889 So. 2d 812 (Fla. 2004)
- Briggs v. Salcines, 392 So. 2d 263 (Fla. 2d DCA 1980)
- Nussbaumer v. State, 882 So. 2d 1067 (Fla. 2d DCA 2004)
- Trucap Grantor Tr. 2010-1 v. Pelt, 84 So. 3d 369 (Fla. 2d DCA 2012)
- A.G. v. Fla. Dep't OF Child. & Families, 65 So. 3d 1180 (Fla. 1st DCA 2011)
- Saffold v. State, 66 So. 3d 366 (Fla. 1st DCA 2011)
- K.G. Mother of N.G. v. Fla. Dep't OF Child. & Families, 66 So. 3d 366 (Fla. 1st DCA 2011)
- Quincoces v. Quincoces, 10 So. 3d 657 (Fla. 3d DCA 2009)
- Dep't OF Revenue v. Freeman, 762 So. 2d 580 (Fla. 5th DCA 2000)