SYNOT CONSTRUCTION, LLC, D/B/A SYNOT ROOFING AND CONSTRUCTION, LLC
v.
SCOTTIE M. PAGE AND MARY PAGE
Explore caselaw by topic → Browse Excess Of Jurisdiction cases and more on FLexlaw
PER CURIAM.
DENIED. See English v. McCrary, 348 So. 2d 293, 297 (Fla. 1977) (“Prohibition lies to prevent an inferior tribunal from acting in excess of jurisdiction but not to prevent an erroneous exercise of jurisdiction.”); Mandico v. Taos Const., Inc., 605 So. 2d 850, 854 (Fla. 1992) (“The writ is very narrow in scope and operation and must be employed with caution and utilized only in emergency cases to prevent an impending injury where there is no other appropriate and adequate legal remedy.”); see also id. (noting that where a person has a right of action in circuit court, the court has jurisdiction to entertain the suit); cf. Citizens Prop. Ins. Corp. v. San Perdido Ass’n, Inc., 104 So. 3d 344, 355 (Fla. 2012) (rejecting
“continuation of defending a lawsuit” as basis for showing irreparable harm); DeSantis v. Fla. Educ. Ass’n, 313 So. 3d 151, 154 (Fla. 1st DCA 2020) (“Frustrating as this might be, the time and expense of defending a case, in the face of a denial of dismissal that the defendant fervently believes is erroneous, is not the type of harm that can support certiorari.”). OSTERHAUS, JAY, and TANENBAUM, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Adventist Health System/sunbelt, Inc. v. Machalek, 48 Fla. L. Weekly S150 (Fla. 5th DCA 2023)…ed in Florida Rule of Appellate 4 “Florida judicial policy limits common law certiorari review so as to avoid ‘piecemeal review of nonfinal trial court orders [that] will impede the orderly administration of justice.’” DeSantis v. Fla. Educ. Ass’n, 313 So. 3d 151, 153 (Fla. 1st DCA 2020) (quoting Jaye v. Royal Saxon, Inc., 720 So. 2d 214, 215 (Fla. 1998)). Procedure 9.130.5 Thus, the Florida Supreme Court has cautioned, “[I]t is generally inappropriate for district courts to review an order denying a motion…
-
Geico Gen. Ins. Co. v. Hines (Fla. 1st DCA 2025)…v. ROBERT D. HINES, as Personal Representative of the Estate of Kimberly S. Story, and PETER S. ROUMBOS, Respondents. Petition for Writ of Certiorari—Original Jurisdiction. June 18, 2025 PER CURIAM. DISMISSED. See DeSantis v. Fla. Educ. Ass’n, 313 So. 3d 151, 154 (Fla. 1st DCA 2020) (recognizing irreparable harm—such as loss of right to statutorily mandated procedure—must be established before court has jurisdiction over petition for writ of certiorari). ---PAGE 1--- RAY, WINOKUR, and TANENBAUM, JJ., c…
Authorities Cited
- Carey English v. McCRARY, 348 So. 2d 293 (Fla. 1977)
- Mandico v. Taos Constr., Inc., 605 So. 2d 850 (Fla. 1992)
- Citizens Prop. Ins. Corp. v. SAN Perdido Ass'n, Inc., 104 So. 3d 344 (Fla. 2012)