HAMMOCKS COMMUNITY ASSOCIATION, INC. v. STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: March 16, 2022
• Docket: 21-1973
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed March 16, 2022. Not final until disposition of timely filed motion for rehearing.

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No. 3D21-1973 Lower Tribunal No. F21-13390 ________________

Hammocks Community Association, Inc., Petitioner,

vs.

State of Florida, Respondent.

On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Marlene Fernandez-Karavetsos, Judge.

Rasco Klock Perez & Nieto, and Hilton Napoleon, II, for petitioner.

Ashley Moody, Attorney General, and Asad Ali, Assistant Attorney General, for respondent.

Before EMAS, HENDON and BOKOR, JJ.

PER CURIAM. Because the petitioner, Hammocks Community Association, Inc., fails

to show irreparable harm, we dismiss the petition for lack of jurisdiction. See

Walgreen Co. v. Rubin, 229 So. 3d 418, 420-21 (Fla. 3d DCA 2017) (setting

forth elements of certiorari relief, including a departure from the essential

requirements of the law and a showing of irreparable harm); see also Topp

Telecom, Inc. v. Atkins, 763 So. 2d 1197, 1200 (Fla. 4th DCA 2000) (“It

seems clear to us that the mere fact of unwarranted effort and expense is

not, by itself, synonymous with a ‘departure from the essential requirements

of law’ [e.s.] for which immediate review is necessary.”); Killinger v.

Guardianship of Grable, 983 So. 2d 30, 32 (Fla. 5th DCA 2008) (“While

certiorari may be used to review pre-trial orders compelling discovery, it is

generally not appropriate simply based on an argument that the discovery

request is overbroad, irrelevant, or burdensome.”).