W. TODD SCHWEIZER
v.
MELANIE SCHWEIZER
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A petitioner seeking a writ of certiorari must demonstrate irreparable harm, and where an order does not preclude a party from responding to a motion or obtaining future review, irreparable harm is not established.
[1] Irreparable harm is a threshold requirement for the issuance of a writ of certiorari, and a party cannot establish irreparable harm when the challenged order permits the…
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Join FLexlaw to unlock all legal intelligence“where the threshold requirement of irreparable harm is not established, the petition for writ of certiorari must be dismissed”
Citation to Landmark at Crescent Ridge LP v. Everest Financial, Inc., establishing the standard for dismissal of certiorari petitions
W. Todd Schweizer sought a writ of certiorari challenging an order in a dispute with Melanie Schweizer. The order under review did not preclude petiti…
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September 9, 2019 PER CURIAM.
The order under review does not preclude Petitioner from responding to a motion for contempt and sanctions, nor does it preclude a future hearing on sanctions and determination of contempt. No ruling has yet been made on contempt or sanctions, and Petitioner will have avenues of review for any future orders on contempt or sanctions. Therefore, Petitioner has not demonstrated irreparable harm, and we dismiss the petition for writ of certiorari for lack of jurisdiction. See Landmark at Crescent Ridge LP v. Everest Financial, Inc., 219 So. 3d 218, 219 (Fla. 1st DCA 2017) (explaining that where the threshold requirement of irreparable harm is not established, the petition for writ of certiorari must be dismissed).
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B.L. THOMAS, KELSEY, and M.K. THOMAS, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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- Landmark AT Crescent Ridge LP v. Everest Fin., Inc., 219 So. 3d 218 (Fla. 1st DCA 2017)