FLORIDA POWER & LIGHT COMPANY, FPL GROUP, INC., FPL FIBERNET, LLC, FPL GROUP CAPITAL, INC., AND FPL INVESTMENTS, INC., PETITIONERS,
v.
J.W. THOMAS, ERNESTINE M. THOMAS, CHESTER JENKINS, MARIE JENKINS, AND RAY NORMAN AND JACK TEAGUE, CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF ROBERT L. JOHNS, ET AL., RESPONDENTS
Explore caselaw by topic → Browse Jurisdictional Prerequisite cases and more on FLexlaw
PER CURIAM.
Petitioners seek review, by a petition for common law certiorari, of a trial court order denying their motion for a protective order bifurcating class certification discovery from merits discovery, and staying merits discovery. Because they have failed to carry their burden of demonstrating that the order will result in irreparable injury, we dismiss the petition for lack of jurisdiction. See Bared & Co. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996) (en banc) (holding that irreparable injury is a jurisdictional prerequisite to certiorari review); Topp Telecom, Inc. v. Atkins, 763 So. 2d 1197 (Fla. 4th DCA 2000) (holding that parties seeking a protective order on the ground that the discovery requested would be unduly burdensome bear the burden of presenting evidence in the trial court to support that position).
PETITION FOR WRIT OF CERTIO-RARI DISMISSED.
BOOTH, WEBSTER and LEWIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Commonwealth Land Title Ins. Co. v. Higgins, 975 So. 2d 1169 (Fla. 1st DCA 2008)…cation merits discovery where the petitioners have failed to carry the burden of demonstrating that the order will result in irreparable injury. See, e.g., Richardson v. Gyves, 874 So. 2d 658 (Fla. 4th DCA 2004); Florida Power & Light Co. v. Thomas, 838 So. 2d 1240 (Fla. 1st DCA 2003). Here, however, Commonwealth has amply demonstrated that the appellees’ discovery request is unduly burdensome and will result in irreparable injury. Similarly, in Union Fidelity Life Insurance Company v. Seay, 378 So. 2d 1268,…
Authorities Cited
- The Bared & Co., Inc. v. McGUIRE, 670 So. 2d 153 (Fla. 4th DCA 1996)
- Topp Telecom, Inc. v. Atkins, 763 So. 2d 1197 (Fla. 4th DCA 2000)