BAPTIST HOSPITAL OF MIAMI, INC.
v.
YVONNE LLAURO
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Baptist Hospital of Miami sought a writ of certiorari to review a trial court order excluding evidence. The appellate court dismissed the petition, holding that exclusion of evidence in civil cases does not constitute irreparable harm because any error can be corrected on appeal after final judgment.
The exclusion of evidence in a civil case does not constitute irreparable harm because any potential injury from such exclusion can be remedied on appeal after the trial court issues a final judgment. Therefore, the petition for writ of certiorari should be dismissed.
[1] A nonfinal order excluding evidence in a civil case does not satisfy the irreparable harm requirement for certiorari relief when the alleged error can be corrected on app…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“in civil cases certiorari is rarely granted because the petitioner generally cannot show that any potential injury cannot be rectified on appeal”
Establishes the high bar for obtaining certiorari review in civil cases and the preference for appellate remedies
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBaptist Hospital of Miami (Defendant/Petitioner) proffered evidence in a civil case. The trial court granted plaintiffs' motion to strike and exclude …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Departure From Essential Requirements Of Law cases and more on FLexlaw
Opinion filed December 4, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1689 Lower Tribunal No. 21-7895-CA-01
________________
Baptist Hospital of Miami, Inc.,
Petitioner,
vs.
Yvonne Llauro, et al.,
Respondents.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Pedro P. Echarte, Jr., Judge. Falk, Waas, Solomon, Mendlestein & Davis, P.A., and Scott E. Solomon, and Jessica M. Hernandez, for petitioner. Dickman, Epelbaum & Dickman, and Robert J. Dickman, Jr.; Lauri Waldman Ross, P.A., and Lauri Waldman Ross, for respondents. Before FERNANDEZ, LINDSEY, and MILLER, JJ. LINDSEY, J. Petitioner/Defendant, Baptist Hospital of Miami, Inc., petitions this Court for a writ of certiorari to review a nonfinal order entitled Order Granting Plaintiffs’ Motion to Strike and Exclude Evidence. To grant a petition for writ of certiorari, a petitioner must establish: “(1) a material injury in the proceedings that cannot be corrected on appeal (sometimes referred to as irreparable harm); and (2) a departure from the essential requirements of the law.” Fla. Power & Light Co. v. Cook, 277 So. 3d 263, 264 (Fla. 3d DCA 2019) (quoting Nader v. Fla. Dep’t of Highway Safety & Motor Vehicles, 87 So. 3d 712, 721 (Fla. 2012)). “[I]n civil cases certiorari is rarely granted because the petitioner generally cannot show that any potential injury cannot be rectified on appeal.” Riano v. Heritage Corp. of S. Fla., 665 So. 2d 1142, 1145 (Fla. 3d DCA 1996). The exclusion of Baptist’s proffered evidence, if erroneous, can be remedied on appeal after the trial court issues a final judgment. Further, the evidence at issue was proffered sufficient to properly preserve Baptist’s objection for appellate review. Accordingly, there is no irreparable harm. Thus, we are compelled to dismiss the instant petition. Petition dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Nader v. Fla. Dep't OF Hwy. Safety & Motor Vehicles, 87 So. 3d 712 (Fla. 2012)
- Clark v. Metro. Dade Cnty., 665 So. 2d 1142 (Fla. 3d DCA 1996)
- People's Tr. Ins. Co. v. Gonzalez (Fla. 3d DCA 2021)