G4S SECURE SOLUTIONS (USA), INC., ETC.
v.
N.L.
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A party seeking certiorari review of a discovery order must establish irreparable harm as a condition precedent to invoking appellate jurisdiction.
[1] A party petitioning for certiorari review of a discovery order must establish irreparable harm as a prerequisite to invoking appellate jurisdiction; denial of a motion to…
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Join FLexlaw to unlock all legal intelligence“The establishment of irreparable harm is a condition precedent to invoking certiorari jurisdiction.”
Court's statement of the legal standard for certiorari jurisdiction
G4S Secure Solutions filed a petition for writ of certiorari challenging the trial court's denial of its motion to compel discovery. The trial court d…
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On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Valerie R. Manno Schurr, Judge. Conrad & Scherer LLP, and Irwin R. Gilbert and Janine McGuire (Fort Lauderdale), for petitioner. Silva & Silva, P.A., and Carlos Silva and Paul Layne; Burlington & Rockenbach, P.A., and Philip M. Burlington and Nichole J. Segal (West Palm Beach), for respondent N.L.; Weiss Serota Helfman Cole & Bierman, P.L., and Edward G. Guedes and Laura K. Wendell, for respondent Publix Super Markets, Inc. Before LOGUE, SCALES, and LOBREE, JJ.
LOGUE, J.
In light of the fact that the trial court denied the Petitioner’s motion to compel without prejudice, suggested a resolution involving an in-camera review by the court, and indicated it was open to review the issue closer to trial (and the trial date has not yet been set), we dismiss the petition seeking certiorari review for lack of jurisdiction because the Petitioner has not shown that the order under review creates irreparable harm. “The establishment of irreparable harm is a condition precedent to invoking certiorari jurisdiction.”
Stockinger v. Zeilberger, 152 So. 3d 71, 73 (Fla. 3d DCA 2014) (“Seasoned and respected trial judges, like the trial judge in this case, can be trusted to manage this type of common discovery dispute. The trial judge has done it before, and will undoubtedly do it faster, cheaper, and fairer without our interference. It is premature for an appellate court to intervene.”).
Dismissed.