UNIVERSAL HANDICRAFT, INC., AND SHAY SEGEV
v.
TZIYONA COHEN

Fla. 3d DCA | 2024-09-04
No. 2024-0540
Logue, C.J., Emas, J., Miller, J., Rebull, J.
2024 FL 10718 Florida District Court of Appeal, Third District (2024)

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Holding

A petition for writ of certiorari must be dismissed when the petitioner fails to establish irreparable harm, which is a jurisdictional prerequisite.


Headnotes

[1] Establishment of irreparable harm is a jurisdictional prerequisite to invoking certiorari jurisdiction; failure to establish such harm requires dismissal of the petition.

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Key Quotes

“Unless the petitioner establishes irreparable harm, the court must dismiss the petition for lack of jurisdiction.”

Citation to Damsky v. Univ. of Miami, 152 So. 3d 789, 792 (Fla. 3d DCA 2014)

Facts & Procedural History

Universal Handicraft, Inc. and Shay Segev filed a petition for writ of certiorari challenging an order from the Circuit Court for Miami-Dade County.…

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Opinion of the Court
Logue

Third District Court of Appeal State of Florida Opinion filed September 4, 2024. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D24-0540 Lower Tribunal No. 18-007053-CA-01 ________________ Universal Handicraft, Inc., and Shay Segev, Petitioners, vs. Tziyona Cohen, Respondent. On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge. Fuerst Ittleman David & Joseph, and Jeffrey J. Molinaro, Miguel J. Chamorro, and Christopher M. David, for petitioner Shay Segev; Lewis Brisbois Bisgaard & Smith LLP, and Jeffrey R. Geldens, Jay W. Pearlman, and Spencer M. Mayer, for petitioner Universal Handicraft, Inc. Thomas Butler, P.A., and Thomas J. Butler, for respondent. Before LOGUE, C.J., and EMAS and MILLER, JJ.

LOGUE, C.J.

The petition is dismissed for failure to establish the first, and jurisdictional, requirement for certiorari, namely that the order under review

2 will cause material and irreparable injury that cannot be corrected on appeal. Schaeffer v. Medic, 49 Fla. L. Weekly D1438 (Fla. 3d DCA July 10, 2024). See also Damsky v. Univ. of Miami, 152 So. 3d 789, 792 (Fla. 3d DCA 2014) (“Unless the petitioner establishes irreparable harm, the court must dismiss the petition for lack of jurisdiction.”); Stockinger v. Zeilberger, 152 So. 3d 71, 73 (Fla. 3d DCA 2014) (“The establishment of irreparable harm is a condition precedent to invoking certiorari jurisdiction.”).


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