ARNOLD EICHHORST AND ANNA EICHHORST, INDIVIDUALLY AND AS TRUSTEES, PETITIONERS,
v.
MANDALAY SHORES COOPERATIVE HOUSING ASSOCIATION, INC., RESPONDENT
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The court denied a petition for common law certiorari because any trial court error would not cause material injury that could not be remedied by direct appeal from a final judgment.
A petition for common law certiorari is denied when the trial court error, if any, does not cause material injury that cannot be redressed by direct appeal from a final judgment.
[1] Common law certiorari is unavailable when any trial court error can be adequately remedied by direct appeal from a final judgment, even if the error would require an unne…
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Join FLexlaw to unlock all legal intelligenceArnold and Anna Eichhorst sought a writ of common law certiorari challenging a trial court decision in a matter involving Mandalay Shores Cooperative …
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PER CURIAM.
We deny the petition of Arnold and Anna Eichhorst which seeks issuance of a writ of common law certiorari. In common law certiorari, this court’s scope of review is limited to whether the lower court:
(a) exceeded its jurisdiction, or
(b) proceeded in contravention to the essential requirements of law, and
(c) in committing such error may cause material injury throughout subsequent proceedings for which the remedy of appeal would be inadequate.
Gulf Cities Gas Corp. v. Cihak, 201 So. 2d 250 (Fla. 2d DCA 1967).
In denying the petition before us, we cannot say that any error the trial court may have committed will cause any material injury in subsequent proceedings which cannot be redressed by a direct appeal by the Eichhorsts from a final judgment of all interrelated claims. Our court has stated repeatedly that the time and cost involved to allow the parties to complete a possible unnecessary trial on the merits does not produce irreparable harm necessary to invoke the remedy of common law certiorari. Whiteside v. Johnson, 351 So. 2d 759 (Fla. 2d DCA 1977); Wright v. Sterling Drugs, Inc., 287 So. 2d 376 (Fla. 2d DCA 1973), cert. denied, 296 So. 2d 51 (Fla.1974).
Petition denied.
LEHAN, A.C.J., and PARKER and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wright v. Sterling Drugs, Inc., 287 So. 2d 376 (Fla. 2d DCA 1973)
- Whiteside v. Johnson, 351 So. 2d 759 (Fla. 2d DCA 1977)
- Gulf Cities GAS Corp. v. Cihak, 201 So. 2d 250 (Fla. 2d DCA 1967)
- State v. Hilding, 296 So. 2d 51 (Fla. 1974)
- Wright v. Sterling Drug, Inc., 296 So. 2d 51 (Fla. 1974)