MIAMI-DADE COUNTY, PETITIONER,
v.
ADRIAN KING, RESPONDENT
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Florida appellate court dismissed Miami-Dade County's petition for writ of certiorari challenging an order vacating an arbitration award, holding that certiorari jurisdiction is unavailable because the petitioner failed to demonstrate irreparable harm that cannot be remedied on direct appeal.
Certiorari jurisdiction is not available to review an order vacating an arbitration award when the petitioner cannot demonstrate irreparable harm that cannot be remedied on direct appeal.
[1] Certiorari jurisdiction is not appropriate to review an order vacating an arbitration award when the petitioner cannot demonstrate irreparable harm that cannot be remedie…
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Join FLexlaw to unlock all legal intelligenceMiami-Dade County sought a writ of certiorari to review an order vacating an arbitration award involving respondent Adrian King.…
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Upon consideration, we conclude that this court lacks jurisdiction, and dismiss the petition for writ of certiorari. See Loewenstein, Inc. v. Draheim, 898 So.2d 1129 (Fla. 4th DCA 2005) (dismissing appeal of order vacating arbitration award as one taken from a nonfínal, nonappealable order, and noting that certiorari jurisdiction is not appropriate because Loewen-stein had not suffered irreparable harm that could not be remedied on direct appeal); Zabawa v. Penna, 868 So.2d 1292 (Fla. 5th DCA 2004) (dismissing petition for writ of certiorari from order vacating arbitration award because petitioner could not show irreparable harm irremediable on direct appeal). Contra Felger v. Mock, 65 So.3d 625 (Fla. 1st DCA 2011) (granting certiorari review of order vacating arbitration award, analogizing said order to one granting a motion for new trial). But see Heart Surgery Center v. Bixler, 128 So.3d 169, 173 n. 2 (Fla. 1st DCA 2013) (the panel acknowledged that Felger is the controlling authority within the First District and authorized certiorari review of an order vacating an arbitration award, but observed that “for the reasons explained in Judge Benton’s dissent in Felger [65 So.3d at 626], we believe that Felger is wrongly decided on such issue.... Here, in our view, any harm caused by the order under review can be remedied on direct appeal of a final order in this case.”)
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Citator
Cited By
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Amalgamated Transit Union v. City of Gainesville, 264 So. 3d 375 (Fla. 1st DCA 2019)…at 628. Three of our sister courts have held that certiorari jurisdiction does not exist to review a trial court’s order vacating an arbitration award and requiring the parties to undergo another arbitration proceeding. Miami-Dade Cty. v. King, 176 So. 3d 373, 374 (Fla. 3d DCA 2015); Loewenstein, 898 So. 2d at 1130; Zabawa v. Penna, 868 So. 2d 1292 (Fla. 5th DCA 2004). Each of these cases appear to be based, in part, on the idea that the time and expense of additional proceedings is not the type of i…
Authorities Cited
- Loewenstein, Inc. v. Draheim, 898 So. 2d 1129 (Fla. 4th DCA 2005)
- T. Stevens Felger, M.D. and North Florida Surgeons, P. A. v. Mock, 65 So. 3d 625 (Fla. 1st DCA 2011)
- Johnson v. State, 868 So. 2d 1292 (Fla. 5th DCA 2004)
- Zabawa v. Gaeton "Guy" Della Penna, 868 So. 2d 1292 (Fla. 5th DCA 2004)
- Heart Surgery Ctr. v. Thomas J. Bixler, II, M.D., P.A., 128 So. 3d 169 (Fla. 1st DCA 2013)