KARINA JIMENEZ v. MARTHA GUTIERREZ

• Court: District Court of Appeal of Florida
• Decided: January 4, 2023
• Docket: 22-0797
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 4, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-797 Lower Tribunal No. 22-8708 CC ________________

Karina Jimenez, Petitioner,

vs.

Martha Gutierrez, Respondent.

On Petition for Writ of Certiorari from the County Court for Miami-Dade County, Diana Gonzalez-Whyte, Judge.

Karina Jimenez, in proper person.

Martha Gutierrez, in proper person.

Before FERNANDEZ, C.J., and LINDSEY and GORDO, JJ.

GORDO, J. We treat Appellant’s appeal of the trial court’s order denying an

emergency motion to stay a writ of possession as a petition for writ of

certiorari. See Super Prods., LLC v. Intracoastal Env’t, LLC, 252 So. 3d 329,

331 (Fla. 2d DCA 2018) (“Orders staying proceedings are reviewable by

certiorari.”); see also Bimini Properties, Inc. v. Puff or Sip Hookah Lounge &

Liquor Store, LLC, 343 So. 3d 1249, 1251 (Fla. 3d DCA 2022) (“In these

circumstances, we exercise our authority under Florida Rule of Appellate

Procedure 9.040(c) and treat the notice of appeal as a petition for writ of

certiorari.”); Benihana of Tokyo, Inc. v. Benihana, Inc., 129 So. 3d 1153,

1154 (Fla. 3d DCA 2014) (“This Court has certiorari jurisdiction to review a

trial court’s non-final order denying a motion for stay.”) (quoting Sorena v.

Gerald J. Tobin, P.A., 47 So. 3d 875, 877 (Fla. 3d DCA 2010)). Finding the

trial court did not depart from the essential requirements of law, we deny the

petition.

Denied.