ADORNO & YOSS, LLP, L/K/A YOSS, LLP, N/K/A LIQUIDATING LAW FIRM, LLP, STEVEN D. GINSBURG A/K/A STEVEN DAVID GINSBURG AND NEIL PRESTON LINDEN, PETITIONERS,
v.
MANUEL SOLTERO, RESPONDENT
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The court dismissed a petition for writ of certiorari because petitioners failed to demonstrate that the trial court's order denying their motion for determination of plaintiffs' burden of proof in a legal malpractice case caused irreparable harm, which is a jurisdictional prerequisite.
A petition for writ of certiorari must be dismissed for lack of jurisdiction when the petitioner fails to establish that the trial court's order causes irreparable harm.
[1] Irreparable harm is a jurisdictional prerequisite to invoking a district court's certiorari jurisdiction and cannot be remedied on direct appeal.
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Join FLexlaw to unlock all legal intelligence“it is settled law that, as 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.”
Court citing Jaye v. Royal Saxon, Inc. to establish the irreparable harm requirement
Petitioners, a law firm and two attorneys, sought a writ of certiorari to quash a trial court's order denying their motion for determination of plaint…
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Petitioners, Adorno & Yoss, LLP, 1/k/a Yoss, LLP, n/k/a Liquidating Law Firm, LLP, Steven D. Ginsburg a/k/a Steven David Ginsburg and Neil Preston Linden, petition this Court for a writ of certiorari, seeking to quash the trial court’s order denying their motion for determination of plaintiffs burden of proof in a legal malpractice case. Because the petitioners have failed to meet the threshold requirement of showing that the trial court’s order creates irreparable harm, we dismiss the petition for writ of certiorari for lack of jurisdiction. See Bd. of Trs. of the Internal Improvement Trust Fund v. Am. Educ. Enters., LLC, 99 So.3d 450, 454-55 (Fla.2012) (stating that irreparable harm is a condition precedent to invoking a district court’s certiorari jurisdiction); Jaye v. Royal Saxon, Inc., 720 So.2d 214, 215 (Fla.1998) (“[I]t is settled law that, as 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.”); Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 896 So.2d 779 (Fla. 1st DCA 2004).
Accordingly, the petition for writ of cer-tiorari is dismissed for lack of jurisdiction.
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The Collection, LLC v. Jaguar Land Rover N. Am., LLC, 140 So. 3d 705 (Fla. 3d DCA 2014)…H’s orders create irreparable harm, see Flores v. Sanchez, 137 So. 3d 1104 (Fla. 3d DCA 2014) (citing Rodriguez v. Miami-Dade (My., 117 So. 3d 400, 404 (Fla.2013)), we dismiss the petition for lack of jurisdiction. See Adorno & Yoss, LLP v. Soltero, 133 So. 3d 1124 (Fla. 3d DCA 2014); Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 896 So. 2d 779 (Fla. 1st DCA 2004). Petition for writ of certiorari dismissed for lack of jurisdiction.…
Authorities Cited
- Bd. OF Trs. OF the Internal Improvement Tr. Fund v. Am. Educ. Enters., LLC, 99 So. 3d 450 (Fla. 2012)
- Jaye v. Royal Saxon, Inc, 720 So. 2d 214 (Fla. 1998)
- Echevarria v. Cole, 896 So. 2d 779 (Fla. 1st DCA 2004)