Capo v. Berg

District Court of Appeal of Florida

Capo v. Berg

852 So. 2d 288, 2003 Fla. App. LEXIS 9917, 2003 WL 21506486

CourtDistrict Court of Appeal of Florida

DecidedJuly 2, 2003

DocketNo. 3D03-1259

StatusPublished

This text of 852 So. 2d 288 (Capo v. Berg) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Capo v. Berg, 852 So. 2d 288, 2003 Fla. App. LEXIS 9917, 2003 WL 21506486 (Fla. Ct. App. 2003).

Pincite

Opinion

PER CURIAM.

Petitioner seeks a writ of certiorari to prevent the discovery of an agreement entered into at a mediation in a separate action between the petitioner and a co-defendant. This agreement was already the subject of two prior petitions for writ of certiorari, in case numbers 3D03-452 and 3D03-438, which resulted in the denial of the petitions. Although the petitioner argues that those two prior petitions were denied without a written opinion and thus do not constitute either res judicata or the law of the case, we decline, in the exercise of our discretion, to contemplate a third petition.

We therefore deny the petition in this case. The prior stay order is hereby lifted. The motion to appear as amicus curiae filed by the Florida Academy of Professional Mediators, Inc. is denied as moot.

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PER CURIAM.

Petitioner seeks a writ of certiorari to prevent the discovery of an agreement entered into at a mediation in a separate action between the petitioner and a co-defendant. This agreement was already the subject of two prior petitions for writ of certiorari, in case numbers 3D03-452 and 3D03-438, which resulted in the denial of the petitions. Although the petitioner argues that those two prior petitions were denied without a written opinion and thus do not constitute either res judicata or the law of the case, we decline, in the exercise of our discretion, to contemplate a third petition.

We therefore deny the petition in this case. The prior stay order is hereby lifted. The motion to appear as amicus curiae filed by the Florida Academy of Professional Mediators, Inc. is denied as moot.

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Bluebook (online)

852 So. 2d 288, 2003 Fla. App. LEXIS 9917, 2003 WL 21506486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capo-v-berg-fladistctapp-2003.