LOUIS C. MORGENIER, III, HEALTHCARE DEVELOPMENT PARTNERS OF AMERICA, LLC F/K/A HEALTHCARE DEVELOPMENT PARTNERS, INC., AND CITRUS COUNTY ACO, LLC D/B/A CITRUS ACO, LLC
v.
J DICKERT POPULATION HEALTH SERVICES, LLC AND A DICKERT POPULATION HEALTH SERVICES, LLC
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A petitioner cannot raise in a petition for writ of certiorari a ground that was not raised before the trial court.
[1] A claim premised on a statutory provision cannot be raised for the first time in a petition for certiorari if it was not raised before the trial court.
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Join FLexlaw to unlock all legal intelligence“Florida courts agree that a petitioner cannot raise in a petition for writ of certiorari a ground that was not raised below.”
Court citing Firstservice Residential Fla., Inc. v. Rodriguez, 261 So. 3d 674, 676 (Fla. 5th DCA 2018)
Petitioners sought certiorari review of a circuit court order in Citrus County. They raised a claim premised on section 456.057, Florida Statutes, in …
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FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2023-2105 LT Case No. 2022-CA-000577
CORRECTED
_____________________________
LOUIS C. MORGENIER, III,
HEALTHCARE DEVELOPMENT
PARTNERS OF AMERICA, LLC
f/k/a/ HEALTHCARE DEVELOPMENT PARTNERS, INC., a Florida limited liability company, and CITRUS COUNTY ACO, LLC, d/b/a CITRUS ACO, LLC, a Florida limited liability company,
Petitioners,
v.
J. DICKERT POPULATION HEALTH
SERVICES LLC and A. DICKERT
POPULATION HEALTH SERVICES
LLC,
Respondents. _____________________________
Petition for Certiorari Review of Order from the Circuit Court for Citrus County. Carol A. Falvey, Judge.
Houston S. Park III, Andrew M. Feldman, Christopher J. Fraga, and Charles G. Short, of Klein Park & Lowe, P.L., Miami, for Petitioners.
2
Kirk S. Davis, and Mark J. Bernet, Tampa, and Diane G. DeWolf, B.C.S., Tallahassee, of Akerman LLP, for Respondents.
June 21, 2024
PER CURIAM.
Petitioners have failed to include in their appendices any record materials showing that they raised before the trial court the claim, premised on section 456.057, Florida Statutes, that they now pursue in their petition. “Florida courts agree that a petitioner cannot raise in a petition for writ of certiorari a ground that was not raised below.” Firstservice Residential Fla., Inc. v. Rodriguez, 261 So. 3d 674, 676 (Fla. 5th DCA 2018). Given their apparent failure to raise their claim below, their petition is due to be denied. Our denial shall not be construed to otherwise pass on the merits of the petition.
PETITION DENIED.
MAKAR, KILBANE, and PRATT, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Firstservice Residential Fla., Inc. v. Rodriguez, 261 So. 3d 674 (Fla. 5th DCA 2018)