Certiorari Review Of Non-Final Orders

66 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Jaye v. Royal Saxon, Inc
  720 So. 2d 214· Fla.· 1998-10-22 ·cited 139×
  The Florida Supreme Court held that certiorari review is inappropriate for challenging a trial court's order striking a demand for a jury trial because such an order does not cause irreparable injury that cannot be remedied on direct appeal. The Court resolved a conflict among di
• Avco Corp. & Textron Lycoming Reciprocating Engine Div. v. Neff
  30 So. 3d 597· Fla. 1st DCA· 2010-03-10 ·cited 47×
  Avco Corporation and Precision Airmotive sought certiorari review of orders denying their motions for summary judgment in a wrongful death aviation product liability case, arguing the claims were barred by GARA's 18-year statute of repose and Florida's 12-year statute of repose.
• U.S. Fire Ins. Co. v. Franko
  443 So. 2d 170· Fla. 1st DCA· 1983-12-12 ·cited 35×
  U.S. Fire Insurance Company sought certiorari review of a trial court's denial of its motion to dismiss an insurance claim dispute, arguing the contract required arbitration before litigation. The appellate court held that U.S. Fire did not waive its right to arbitration and that
• Stockinger v. Ulrike A. Zeilberger
  152 So. 3d 71· Fla. 3d DCA· 2014-11-19 ·cited 31×
  A non-final order that places claimants on notice of possible dismissal without actually dismissing claims, terminating rights, or imposing sanctions does not inflict irreparable harm sufficient to invoke certiorari jurisdiction where any ultimate injury could be remedied on fina
• Caldwell v. Wal-Mart Stores
  980 So. 2d 1226· Fla. 1st DCA· 2008-05-05 ·cited 31×
  A petition for writ of certiorari challenging an order compelling submission to an independent medical examination must be filed within 30 days of the original order's rendition, and this time period is jurisdictional and cannot be extended by filing a late motion for reconsidera
• Columbus Bridges and Alma P. Bridges v. Carlton Williamson
  449 So. 2d 400· Fla. 2d DCA· 1984-05-02 ·cited 30×
  Florida's statutory notice requirement for defamation actions does not apply to nonmedia defendants, even if their statements are republished by the media.
• Landmark AT Crescent Ridge LP v. Everest Fin., Inc.
  219 So. 3d 218· Fla. 1st DCA· 2017-05-16 ·cited 24×
  The court held that the petition for certiorari must be dismissed because the petitioner failed to demonstrate that the trial court's order denying the motion to dissolve the lis pendens caused irreparable harm that cannot be corrected on appeal.
• Trucap Grantor Tr. 2010-1 v. Pelt
  84 So. 3d 369· Fla. 2d DCA· 2012-03-14 ·cited 22×
  Trucap Grantor Trust sought certiorari review of a trial court order denying its motion to amend a mortgage foreclosure complaint to add a count for reestablishment of a lost promissory note. The trial court imposed a more stringent verification requirement than Florida Rule of C
• Fla. E. Coast Ry., L.L.C. v. Jones
  847 So. 2d 1118· Fla. 1st DCA· 2003-06-19 ·cited 21×
  The Florida East Coast Railway sought certiorari review of a discovery order requiring production of photographs, measurements, and diagrams prepared after an accident. The court held that the trial court departed from essential Florida law by failing to require the injured emplo
• City OF Freeport v. Beach Cmty. Bank
  108 So. 3d 684· Fla. 1st DCA· 2013-02-18 ·cited 20×
  The City of Freeport seeks certiorari review of a circuit court order denying its motion to dismiss a negligence action brought by Beach Community Bank. The court holds that the City is entitled to sovereign immunity because the alleged negligence concerns discretionary, planning
• In the Interest of J. S. v. Seekell
  404 So. 2d 1144· Fla. 5th DCA· 1981-10-21 ·cited 17×
  The denial of a grandmother's motion to intervene in dependency proceedings was not a departure from the essential requirements of law, as she lacked standing.
• Robins v. Colombo
  253 So. 3d 94· Fla. 3d DCA· 2018-08-08 ·cited 15×
  A trial court's order granting leave to amend a complaint to add a punitive damages claim is reviewed on certiorari only for compliance with procedural requirements of section 768.72, not for sufficiency of evidence. The trial court here complied with all procedural requirements,
• CNL Resort Hotel, L.P. v. City OF Doral
  991 So. 2d 417· Fla. 3d DCA· 2008-09-24 ·cited 13×
  CNL Resort Hotel challenged the City of Doral's comprehensive development plan on grounds that it violated Florida law by failing to adequately consider private property rights. The Florida District Court of Appeal reversed an administrative law judge's dismissal of CNL's claims,
• State Farm Fla. Ins. Co. v. Jairo Buitrago and Nohora Buitrago
  100 So. 3d 85· Fla. 2d DCA· 2012-06-29 ·cited 12×
  State Farm sought certiorari review of a circuit court order declaring Florida's neutral evaluation statute for sinkhole disputes (section 627.7074) unconstitutional and prohibiting the neutral evaluation process. The Second District Court of Appeal reversed, holding that the sta
• Capco Props., LLC. v. Monterey Gardens OF Pinecrest Condo.
  982 So. 2d 1211· Fla. 3d DCA· 2008-05-23 ·cited 12×
  The Third District Court of Appeal granted a writ of certiorari to review nonfinal discovery orders, quashing orders that compelled disclosure of six years of personal financial information from a condominium developer and its members where the complaint contained no claim for pu
• Dep't OF Child. & Families v. W.H.
  109 So. 3d 1269· Fla. 1st DCA· 2013-04-03 ·cited 11×
  The Department of Children and Families sought certiorari review of a trial court order reunifying a child with her parents in a dependency case. The First District Court of Appeal quashed the order, finding that the trial court violated statutory requirements and due process by
• State v. LaBRON
  24 So. 3d 715· Fla. 4th DCA· 2009-12-23 ·cited 11×
  Florida sought certiorari review of a trial court order requiring disclosure of a confidential informant's identity in a cocaine delivery case where the defendant claimed entrapment. The Fourth District Court of Appeal held that the trial court erred by ordering disclosure withou
• Landmark Am. Ins. Co. v. Studio Imports, Ltd., Inc.
  76 So. 3d 963· Fla. 4th DCA· 2011-11-16 ·cited 10×
  A bad faith claim against an insurer cannot proceed simultaneously with the underlying breach of contract claim; the bad faith claim must be abated or dismissed until the underlying claim is resolved.
• Cedars Healthcare Grp., Ltd. v. Sameer Mehta
  16 So. 3d 914· Fla. 3d DCA· 2009-08-05 ·cited 9×
  The Third District Court of Appeal granted a writ of certiorari to review a trial court's denial of a motion to dismiss, holding that a hospital's peer review actions are immune from suit under Florida Statute § 395.0193(5) unless the plaintiff pleads intentional fraud with parti
• S.V. v. Dep't OF Child. & Families
  178 So. 3d 421· Fla. 3d DCA· 2015-07-08 ·cited 8×
  A father sought certiorari review of a trial court's order that set aside a general magistrate's recommendation to grant his motion for reunification with his two children in a dependency case and instead denied reunification. The appellate court denied the petition, finding that
• Coopersmith v. Perrine
  91 So. 3d 246· Fla. 4th DCA· 2012-06-27 ·cited 8×
  The Florida Fourth District Court of Appeal granted a petition for certiorari, quashing a lower court's order compelling a defendant to provide summaries of his medical experts' opinions from other cases. The court found that such disclosure would violate the privacy rights of no
• Galencare, Inc. v. Alvie Mosley
  59 So. 3d 138· Fla. 2d DCA· 2011-02-09 ·cited 8×
  GalenCare, Inc. and other healthcare defendants sought certiorari review of an order denying their motions to dismiss a negligence action filed by the estate of Mable Mosley, who allegedly died from a narcotic overdose. The court held that pharmacists are not health care provider
• Robinson v. State
  750 So. 2d 58· Fla. 2d DCA· 1999-08-20 ·cited 8×
  The court held that it could not grant the petition because the incomplete record made it impossible to determine if the county court departed from the essential requirements of law.
• Fla. Dep't of Agric. & Consumer Servs. v. Mahon
  293 So. 3d 1091· Fla. 5th DCA· 2020-04-08 ·cited 7×
  The Florida Department of Agriculture appeals a trial court order requiring it to present evidence first in a damages trial following a finding of an inverse condemnation taking. The appellate court dismisses the petition for certiorari because the Department failed to demonstrat
• Riggenbach v. Rhodes
  267 So. 3d 551· Fla. 5th DCA· 2019-03-29 ·cited 7×
  The Fifth District Court of Appeal granted certiorari review and quashed a trial court order denying a motion to dismiss a medical malpractice complaint, holding that a plastic surgeon's expert affidavit does not satisfy Florida's statutory requirement that expert opinions be pro
• Anderson v. Helen Ellis Mem'l Hosp. Found., Inc.
  66 So. 3d 1095· Fla. 2d DCA· 2011-08-19 ·cited 5×
  The Florida Court of Appeal addressed whether parents of a child injured at birth must wait for the administrative determination of available compensation benefits before they can elect to reject those benefits and pursue a civil action against the hospital. The court held that t
• State v. Leonicio Rivas and Juan Rodriguez-Abrea
  25 So. 3d 647· Fla. 4th DCA· 2010-01-06 ·cited 5×
  The Florida Fourth District Court of Appeal granted the State's petition for certiorari, quashing trial court orders that compelled disclosure of a confidential informant's identity. The appellate court found that the defendants failed to meet the legal standard for disclosure, e
• Fratangelo v. Olsen
  271 So. 3d 1051· Fla. 3d DCA· 2018-12-21 ·cited 4×
  Fratangelo petitions for certiorari to review a non-final trial court order denying his motion for entry of final judgment and reconsideration after a bench trial in a complex business dispute with Olsen over missing assets from LLCs. The appellate court dismisses the petition be
• Chew v. Earnest Roberts
  122 So. 3d 493· Fla. 5th DCA· 2013-09-27 ·cited 4×
  Foster parents Edward and Phyllis Chew sought certiorari review of an order consolidating their adoption case with a termination of parental rights case and granting the Roberts' motion to modify placement. The court granted relief because the trial court violated due process by
• State v. Adonis Losada
  89 So. 3d 1104· Fla. 3d DCA· 2012-06-13 ·cited 4×
  The State of Florida sought certiorari review to quash a circuit court order that transferred child pornography charges from Palm Beach County to Miami-Dade County and consolidated them with related charges. The appellate court held that the lower court lacked jurisdiction to tra
• Pisciotti v. Stephens
  940 So. 2d 1217· Fla. 4th DCA· 2006-11-01 ·cited 4×
  Victoria Pisciotti, as personal representative of her parents' estates, challenged probate court orders compelling her to answer deposition questions and file final accountings. The Fourth District Court of Appeal reversed both orders, holding that they violated her Fifth Amendme
• Chavarria v. Bautista
  922 So. 2d 245· Fla. 3d DCA· 2006-01-18 ·cited 4×
• Blom v. Adventist Health System/Sunbelt, Inc.
  911 So. 2d 211· Fla. 5th DCA· 2005-09-23 ·cited 4×
  Naomi Blom sought certiorari review of orders abating her medical malpractice claims against a physician and hospital for failure to comply with pre-suit notice requirements under Florida Statutes Chapter 766. The Fifth District Court of Appeal dismissed the petition as to the ph
• Consales, N.V. v. Sunshine State Mortg. Tr.
  639 So. 2d 170· Fla. 3d DCA· 1994-07-05 ·cited 4×
  A second mortgagee sought certiorari review of two orders requiring disbursement from foreclosure sale surplus for unpaid 1993 real property taxes and water bills. The court reversed, holding that such disbursements were unauthorized because neither obligation was adjudicated in
• State v. Wardlaw
  107 So. 2d 179· Fla. 2d DCA· 1958-11-14 ·cited 4×
  The Florida District Court of Appeal reversed a Circuit Court decision that had overturned a drunk driving conviction, holding that a properly administered drunkometer test is admissible evidence and that the defendant's voluntary consent to the test did not violate his constitut
• SCI Funeral Servs. OF Fla., Inc. v. Elisabeth O. Walthour and John Walthour
  165 So. 3d 861· Fla. 1st DCA· 2015-06-22 ·cited 3×
  A funeral home sought certiorari relief from a trial court order compelling disclosure of redacted portions of an expert medical report. The First District Court of Appeal held that three of four redacted paragraphs containing the expert's standard-of-care opinion were privileged
• M.N. v. Dep't of Child. & Families
  120 So. 3d 3· Fla. 1st DCA· 2012-11-20 ·cited 3×
  A Florida appellate court reversed a trial court's denial of a mother's petition for reunification with her dependent children, finding that the trial court abused its discretion by denying reunification based on insufficient evidence when the mother had substantially complied wi
• Tedeschi v. Surf Side Tower Condo. Ass'n, Inc.
  35 So. 3d 915· Fla. 2d DCA· 2010-03-24 ·cited 3×
  The Tedeschis sought certiorari review of an order requiring them to join all condominium unit owners as indispensable parties to their declaratory action seeking rights to a specific parking space. The court granted the petition, holding that the condominium association could be
• Bridges v. Bridges
  734 So. 2d 551· Fla. 4th DCA· 1999-06-02 ·cited 3×
  Robert Bridges sought certiorari review of a trial court order allowing a psychologist to testify regarding a minor child in a dissolution of marriage case, despite the psychologist not being court-appointed and the absence of notice to Bridges. The Fourth District Court of Appea
• Godwin v. Michelini
  433 So. 3d 882· Fla. 2d DCA· 2025-08-20 ·cited 2×
  Certiorari is not a proper basis for reviewing orders denying Anti-SLAPP motions, and the new rule permitting appeals of nonfinal Anti-SLAPP orders does not apply retroactively to certiorari proceedings pending at the time the rule was amended. The court lacked jurisdiction and d
• MYI Int'l, LLC v. Blue Ocean Miami, Inc.
  Fla. 3d DCA· 2023-04-26 ·cited 2×
  The appellate court granted certiorari review to quash a discovery order compelling the borrower to disclose financial records. The court found the order was issued without adequate notice or a hearing and compelled overly broad, irrelevant discovery, causing irreparable harm.
• Univision Commc'ns Inc. v. LAM
  350 So. 3d 145· Fla. 3d DCA· 2022-11-02 ·cited 2×
• Monier Mahmout Rahall v. Mohana Cheaib-Rahall
  937 So. 2d 1223· Fla. 2d DCA· 2006-09-22 ·cited 2×
  In a family law dissolution case, the circuit court imposed sanctions against a husband for failing to pay court-ordered temporary attorney's fees by prohibiting him from conducting discovery and pursuing an emergency custody motion. The appellate court held that while sanctions
• Nat'l Life Ins. Co. v. Harrell
  891 So. 2d 1078· Fla. 1st DCA· 2004-12-10 ·cited 2×
  The court denied certiorari review of a non-final order denying summary judgment in a first-party bad faith insurance claim, holding that the petitioner failed to demonstrate the order was a departure from essential legal requirements causing material injury.
• B.A.G. v. Dep't OF Child. & Families
  860 So. 2d 498· Fla. 1st DCA· 2003-11-22 ·cited 2×
  A father incarcerated in state prison seeks to compel visitation with his young daughter by challenging the trial court's denial of his motion for prison visitation. The appellate court denies his certiorari petition, finding no departure from the essential requirements of law in
• Kash N' Karry Food Stores, Inc. v. Queen Smart and Cochrane Smart
  814 So. 2d 530· Fla. 2d DCA· 2002-04-26 ·cited 2×
  The trial court departed from the essential requirements of law by granting a party substitution without a showing of excusable neglect and by failing to dismiss the action with prejudice after the deadline for substitution had passed.
• Paul A. Thompson, M.D. v. Marissa Deane
  703 So. 2d 1215· Fla. 5th DCA· 1997-12-31 ·cited 2×
  A physician defendant in a medical malpractice action sought certiorari review of a trial court order denying his motion to dismiss an amended complaint alleging he negligently failed to disclose his surgical experience and hospital support limitations to parents before operating
• Tesla, Inc. v. Monserratt
  384 So. 3d 194· Fla. 4th DCA· 2024-01-03 ·cited 1×
  Under Florida Rule of Civil Procedure 1.280(h), a trial court must issue a protective order preventing deposition of a high-level corporate officer who declares lack of unique personal knowledge, unless the party seeking deposition proves exhaustion of other discovery, inadequacy
• AL Andary v. Heath Walsh and AMY Walsh
  342 So. 3d 749· Fla. 2d DCA· 2022-06-24 ·cited 1×
  The appellate court granted a petition for writ of certiorari, quashing a lower court's order that denied a motion to dismiss a medical malpractice complaint. The court found that the plaintiff's presuit expert opinion letter was not properly verified as required by statute, thus
• Publix Super Mkts., Inc. v. Molina
  348 So. 3d 636· Fla. 5th DCA· 2022-04-08 ·cited 1×
  A trial court order sustaining objections to discovery is not subject to certiorari review when the petitioner has an adequate remedy on plenary appeal, because any error in denying discovery can be cured by the harmless error analysis on final appeal.