HAMMOCKS COMMUNITY ASSOCIATION, INC.
v.
STATE OF FLORIDA
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Hammocks Community Association, Inc. petitioned for a writ of certiorari to challenge a circuit court order in Miami-Dade County. The Third District Court of Appeal dismissed the petition for lack of jurisdiction because the petitioner failed to demonstrate irreparable harm, a necessary element for certiorari relief.
The court dismissed the petition for writ of certiorari because the petitioner failed to satisfy the jurisdictional requirement of showing irreparable harm. Mere claims of unwarranted effort, expense, or that a discovery request is overbroad or burdensome do not constitute irreparable harm warranting certiorari review.
[1] To obtain a writ of certiorari, a petitioner must demonstrate both a departure from the essential requirements of law and irreparable harm; mere allegations that discover…
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Join FLexlaw to unlock all legal intelligenceHammocks Community Association, Inc. sought immediate appellate review of a lower court order through a petition for writ of certiorari. The petitione…
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Opinion filed March 16, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-1973 Lower Tribunal No. F21-13390 ________________ Hammocks Community Association, Inc.,
Petitioner,
vs.
State of Florida,
Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Marlene Fernandez-Karavetsos, Judge. Rasco Klock Perez & Nieto, and Hilton Napoleon, II, for petitioner. Ashley Moody, Attorney General, and Asad Ali, Assistant Attorney General, for respondent. Before EMAS, HENDON and BOKOR, JJ. PER CURIAM.
Because the petitioner, Hammocks Community Association, Inc., fails to show irreparable harm, we dismiss the petition for lack of jurisdiction. See Walgreen Co. v. Rubin, 229 So. 3d 418, 420-21 (Fla. 3d DCA 2017) (setting forth elements of certiorari relief, including a departure from the essential requirements of the law and a showing of irreparable harm); see also Topp Telecom, Inc. v. Atkins, 763 So. 2d 1197, 1200 (Fla. 4th DCA 2000) (“It seems clear to us that the mere fact of unwarranted effort and expense is not, by itself, synonymous with a ‘departure from the essential requirements of law’ [e.s.] for which immediate review is necessary.”); Killinger v. Guardianship of Grable, 983 So. 2d 30, 32 (Fla. 5th DCA 2008) (“While certiorari may be used to review pre-trial orders compelling discovery, it is generally not appropriate simply based on an argument that the discovery request is overbroad, irrelevant, or burdensome.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Topp Telecom, Inc. v. Atkins, 763 So. 2d 1197 (Fla. 4th DCA 2000)
- Rhea Killinger v. Guardianship OF Hazel Ione Grable, 983 So. 2d 30 (Fla. 5th DCA 2008)
- Walgreen Co. & Holiday CVS, LLC v. Rubin, 229 So. 3d 418 (Fla. 3d DCA 2017)