THE WACKENHUT CORPORATION, PETITIONER,
v.
EDUARDO PRIETO, ALANIS, INC. D/B/A ALANIS SECURITY, AND MIAMI-DADE COUNTY, RESPONDENTS
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PER CURIAM.
By a Petition for Writ of Certiorari, The Wackenhut Corporation challenges an interlocutory order in which the trial court determined that it should reimburse Frontier Insurance Company one-half of the attorneys’ fees paid to an attorney who represented Wackenhut and a co-defendant for the period of November 1, 1999 through February 17, 2000. We deny the petition because an order may be reviewed by certiorari petition “only in limited circumstances. The order must depart from the essential requirements of law and thus cause material injury to the petitioner throughout the remainder of the proceedings below, effectively leaving no adequate remedy on appeal.” Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1099 (Fla.1987).
While Wackenhut has gone to great lengths to explain why, in its opinion, the order departed from the essential requirements of law, it has totally failed to address the second prong, to wit: how the order caused it material injury throughout the remainder of the proceedings for which it has no adequate remedy on appeal.
Therefore, the writ is denied.
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Jensen v. Sierra Grill, Inc., 876 So. 2d 1264 (Fla. 3d DCA 2004)…a presumption that an attorney, as an officer of the court, is duly authorized to act for a client whom he professes to represent. In the absence of some pleading questioning the attorney’s acts ..., the presumption is conclusive.” Brooks v. Shore, 760 So. 2d 1093 (Fla. 3d DCA 2000)(quoting Mendelsund v. Southern-Aire Coats of Florida, Inc., 210 So. 2d 229, 231 (Fla. 3d DCA 1968)). In Allbritton v. Stahlman, 683 So. 2d 536 (Fla. 2d DCA 1996), however, the Court recognized that the presumption may be overcome…
Authorities Cited
- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)