RICHARD BECKMAN, ET AL.
v.
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
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A petitioner seeking certiorari review of a nonfinal order must establish that the trial court departed from the essential requirements of the law and caused irreparable injury that cannot be adequately remedied on direct appeal.
[1] A petition for writ of certiorari to review a nonfinal order requires the petitioner to demonstrate a departure from the essential requirements of law causing irreparable…
[2] Irreparable harm that cannot be remedied on direct appeal is a condition precedent to invoking a district court's certiorari jurisdiction.
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Join FLexlaw to unlock all legal intelligence“For an appellate court to review a nonfinal order by petition for certiorari, the petitioner must demonstrate that the trial court departed from the essential requirements of the law, thereby causing irreparable injury which cannot be adequately remedied on appeal following final judgment.”
Statement of the legal standard for certiorari jurisdiction over nonfinal orders, citing Belair v. Drew.
Richard and Diane Beckman sought a writ of certiorari to quash three orders issued by the trial court in Monroe County.…
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Third District Court of Appeal State of Florida
Opinion filed April 8, 2026. Not final until disposition of timely filed motion for rehearing.
No. 3D25-2443 Lower Tribunal No. 23-CA-19-P
Richard Beckman and Diane Beckman, Petitioners,
vs.
Board of County Commissioners of Monroe County, Florida, Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Monroe County, James W. Morgan, III, Judge.
Andrew M. Tobin, P.A., and Andrew M. Tobin (Tavernier), for petitioners.
Vose Law Firm, LLP, and Paul R. Waters, Taylor Rachel Simonds, and Gretchen R.H. Vose (Winter Park), for respondent.
Before LOGUE, LINDSEY and GOODEN, JJ.
PER CURIAM.
Petitioners Richard Beckman and Diane Beckman seek a writ of certiorari, quashing three orders issued by the trial court. Having thoroughly reviewed the arguments of the parties and the record before us, we hereby dismiss. See Belair v. Drew, 770 So. 2d 1164, 1166 (Fla. 2000) (“For an appellate court to review a nonfinal order by petition for certiorari, the petitioner must demonstrate that the trial court departed from the essential requirements of the law, thereby causing irreparable injury which cannot be adequately remedied on appeal following final judgment.”); Jaye v. Royal Saxon, Inc., 720 So. 2d 214, 215 (Fla. 1998) (“[A]s a condition precedent to invoking a district court's certiorari jurisdiction, the petitioning party must establish that it has suffered an irreparable harm that cannot be remedied on direct appeal.”); Damsky v. Univ. of Miami, 152 So. 3d 789, 792 (Fla. 3d DCA 2014) ("Unless the petitioner establishes irreparable harm, the court must dismiss the petition for lack of jurisdiction.”).
Petition dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Belair v. Drew, 770 So. 2d 1164 (Fla. 2000)
- Jaye v. Royal Saxon, Inc, 720 So. 2d 214 (Fla. 1998)
- Damsky v. Univ. OF Miami & Alan Livingstone, M.D., 152 So. 3d 789 (Fla. 3d DCA 2014)