A.C. v. Department of Children & Family Services

161 So. 3d 572, 2014 Fla. App. LEXIS 18581, 2014 WL 6066000

Opinion

PER CURIAM.

A.C., the mother in a termination of parental rights case, petitions this court for a writ of certiorari to quash a nonfinal order denying A.C.’s motion to set aside a previous order of consent by nonappearance. Because A.C. has failed to demonstrate that the order will result in material injury that cannot be corrected on post-judgment appeal, we dismiss the petition without prejudice to A.C. raising the same issue on direct appeal if and when a final termination order is rendered. See Harris v. State, 99 So.3d 952, 952 (Fla. 2d DCA 2012) (table decision) (dismissing petition without prejudice to raise the issue again on direct appeal); see also Arnone v. State, 701 So.2d 577, 579 (Fla. 2d DCA 1997) (“[Tjhis court’s certiorari jurisdiction cannot be invoked unless the petitioner establishes that no adequate remedy is available on plenary appeal to correct the judicial error.” (citing Parkway Bank v. Fort Myers Armature Works, Inc., 658 So.2d 646, 649 (Fla. 2d DCA 1995))).

Petition dismissed.

CASANUEVA, VILLANTI, and WALLACE, JJ., Concur.