THOMAS R. BECNEL, AND DRB ETC.
v.
AIZ HOLDINGS, LLC

Fla. 1st DCA | 2018-04-25
No. 17-3686
Lewis, J., Kelsey, J., Winsor, J.
240 So. 3d 904 Florida District Court of Appeal, First District (2018) Positive Treatment
Cited by 3 cases

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Holding

A petitioner seeking certiorari review of a discovery order must demonstrate irreparable harm that cannot be remedied on appeal, and overbreadth in discovery does not constitute irreparable harm.


Headnotes

[1] Overbreadth in the context of discovery does not constitute irreparable harm sufficient to support a petition for writ of certiorari.

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Key Quotes

“a petitioner seeking certiorari review must demonstrate a departure from the essential requirements of the law resulting in irreparable harm that cannot be remedied on appeal and that the irreparable harm element must be addressed first because it is an issue of jurisdiction”

Court citing W. Fla. Reg'l Med. Ctr., Inc. v. See regarding the jurisdictional requirements for certiorari

Facts & Procedural History

Petitioners Thomas R. Becnel and DRB Development, LLC sought certiorari review of an order granting respondent AIZ Holdings, LLC's motion to compel di…

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Opinion of the Court
Winsor

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-3686 _____________________________

THOMAS R. BECNEL and DRB DEVELOPMENT, LLC,

Petitioners,

v.

AIZ HOLDINGS, LLC,

Respondent. _____________________________

Petition for Writ of Certiorari—Original Jurisdiction.

April 25, 2018

PER CURIAM.

Petitioners, Thomas R. Becnel and DRB Development, LLC, seek certiorari review of an order granting a motion to compel discovery filed by Respondent, AIZ Holdings, LLC, and denying DRB’s motion to quash. Because we agree with Respondent that Petitioners are unable to show irreparable harm, we dismiss the petition. See W. Fla. Reg’l Med. Ctr., Inc. v. See, 18 So. 3d 676, 682 (Fla. 1st DCA 2009) (noting that a petitioner seeking certiorari review must demonstrate a departure from the essential requirements of the law resulting in irreparable harm that cannot be remedied on appeal and that the irreparable harm element must be addressed first because it is an issue of jurisdiction), aff’d, 79 So. 3d 1 (Fla. 2012); see also Bd. of Trs. of the Internal Improvement Tr. Fund v. Am. Educ. Enters., LLC, 99 So. 3d 450,

2

456 (Fla. 2012) (explaining that overbreadth in the context of discovery is not a sufficient basis for certiorari relief); Heekin v. Del Col, 60 So. 3d 437, 438-39 (Fla. 1st DCA 2011) (noting that an order compelling production of relevant financial information cannot be the object of a writ of certiorari because there is no irreparable harm).

DISMISSED.

LEWIS, KELSEY, and WINSOR, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Dana C. Matthews and John M. Stratton of Matthews & Jones, LLP, Destin, for Petitioners.

Laurence J. Pino of Pino Nicolson, PLLC, Orlando; Stephen D. Milbrath and Tucker H. Byrd of Byrd Campbell, P.A., Winter Park, for Respondent.


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