MARCIA STIVELMAN,
v.
JACQUES CLAUDIO STIVELMAN,
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The appellate court dismissed a petition for a writ of certiorari, finding that the petitioner failed to demonstrate irreparable harm. The petitioner sought to quash protective orders and sanctions issued by the trial court against third parties in a divorce modification case.
No, the Former Wife failed to demonstrate irreparable harm. The appellate court found that any injury from the protective orders could be corrected on appeal, and the trial court's decision regarding alimony modification was also subject to appeal.
[1] A petition for writ of certiorari requires a showing of irreparable harm that cannot be corrected on appeal.
[2] A party seeking discovery must first attempt to obtain information from the opposing party before seeking it from third parties, especially when so ordered by the court.
Previewing 2 of 4 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 seeking the extraordinary relief 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.””
This quote defines the standard for granting a writ of certiorari, emphasizing the requirement of irreparable harm.
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Join FLexlaw to unlock all legal intelligenceDuring divorce proceedings, the Former Wife subpoenaed extensive documents from third-party entities to gather information about the former husband's …
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HENDON, J.
Marcia Stivelman (“Former Wife”), seeks a writ of certiorari in order to quash the December 17, 2019 order granting certain third parties’ motions for protective orders and sanctions. As the Former Wife has not shown any irreparable harm resulting from the orders, we dismiss the petition for certiorari.
In response to the former husband’s petition for a downward modification of his monthly alimony obligation, the Former Wife responded with a counter-petition seeking an upward modification of alimony. The parties agreed to set the trial for December 2019, and the hearing on the parties’ pending unresolved motions was set for November 2019. The Former Wife then subpoenaed various documents and extensive records from certain corporate third parties, i.e., Township Plaza Holdings, LLC, S2 In the order imposing sanctions against the Former Wife, the court awarded the Third Parties’ attorney’s fees in the amount of $850.00, which represented two (2) hours of their attorney’s time for having to bring and prosecute their motion. In response, the Former Wife filed this petition for Writ of Certiorari, seeking to quash the trial court’s December 17, 2019 Order. In seeking the extraordinary relief 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.” Nader v. Fla. Dep't of Highway Safety & Motor Vehicles, 87 So. 3d 712, 721 (Fla. 2012); see also Fla. Power & Light Co. v. Cook, 277 So. 3d 263, 264 (Fla. 3d DCA 2019).
The Former Wife has not shown that the protective orders will cause her irreparable harm or that the trial court’s decision to modify an alimony award could not be corrected on appeal. The record shows that the Former Wife has attempted to circumvent the trial court’s orders regarding the documents she seeks from the Third
Parties, that she has delayed the proceedings, and that she has not sought the specific and narrowly tailored discovery from the former husband as she was instructed to do by the trial court. Absent irreparable harm, that is, a material injury in the proceedings that cannot be corrected on appeal, this Court is without certiorari jurisdiction. Id. We therefore dismiss the petition for certiorari.
Petition dismissed.
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- Nader v. Fla. Dep't OF Hwy. Safety & Motor Vehicles, 87 So. 3d 712 (Fla. 2012)