How later opinions annotate it (1 example)
- on other grounds
Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1098 (Fla. 1987), superseded by statute on other grounds, § 768.72, Fla. Stat. (2021)
— Bpi Sports, LLC v. Florida Supplement, LLC, 351 So. 3d 631 (Fla. 3d DCA 2022)
Common law certiorari is an extraordinary remedy that should not be used to circumvent the interlocutory appeal rule for non-final orders.
A petitioner filed a petition for writ of certiorari to review a trial court order denying a motion to strike a claim for punitive damages. The petitioner argued that the denial would cause irreparable injury due to the potential disclosure of private financial information. The court must determine if such a non-final order is reviewable by certiorari. The court holds that common law certiorari is an extraordinary remedy and should not be used to circumvent the interlocutory appeal rule. Because the petitioner has an adequate remedy by way of appeal following a final judgment, the order is not reviewable by certiorari.
At page 1099 Reviewability of nonfinal orders by certiorari110 citing cases“the order must depart from the essential requirements of law and thus cause material injury to the petitioner throughout the remainder of the proceedings below, effectively leaving no adequate remedy on appeal.”
- Olges v. Dougherty, 856 So. 2d 6 (Fla. 1st DCA 2003).published See also Martin-Johnson, Inc., 509 So.2d at 1100 ("We recognize that discovery of certain types of information may reasonably cause material injury of an irreparable nature.
- Jenne v. Maranto, 825 So. 2d 409 (Fla. 4th DCA 2002).published(order must depart from the essential requirements of law and thus cause material injury to the petitioner throughout the remainder of the proceedings below, effectively leaving no adequate remedy on appeal)
- Aiden S. Fucci Vs State of Florida, 420 So. 3d 523 (Fla. 1st DCA 2023).publishedEnters., LLC, 99 So. 3d 450, 455 (Fla. 2012) (quoting Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1099 (Fla. 1987)). 3 Certiorari relief requires three elements: “(1) a departure from the essential requirements of the law, (2) resulti…
- Allstate Ins. Co. v. Jesse Lee Ray, 347 So. 3d 551 (Fla. 2d DCA 2022).publishedCo. v. Langston, 655 So. 2d 91, 94 (Fla. 1995) (citing Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1099 (Fla. 1987)).
- GCTC Holdings, LLC v. T Tag QSR, LLC, 346 So. 3d 700 (Fla. 2d DCA 2022).publishedCo. v. Langston, 655 So. 2d 91, 94 (Fla. 1995) (citing Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1099 (Fla. 1987)).
- East Bay N C, L L C v. The Est. of Elisabeth Djadjich, No. 18-3604 (Fla. 2d DCA May 31, 2019).publishedAn order that compels discovery of privileged information -3- departs from the essential requirements of law because once such "information is disclosed, there is no remedy for the destruction of the privilege available on direct appeal."…
- Sch. Bd. of Hillsborough Cnty. v. Stephanie Woodford, 270 So. 3d 481 (Fla. 2d DCA 2019).publishedFassy v. Crowley, 884 So. 2d 359, 362 (Fla. 2d DCA 2004) (citing Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1099 (Fla. 1987)).
- Dade Truss Co. v. Beaty, 271 So. 3d 59 (Fla. 3d DCA 2019).publishedCo. v. Langston, 655 So. 2d 91, 94 (Fla. 1995) and Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1099 (Fla. 1987).
- Mark Iacono v. Santa Elena Holdings, 271 So. 3d 28 (Fla. 3d DCA 2018).publishedFound., Inc., 8 So. 3d 1232, 1234 (Fla. 2d DCA 2009) (quoting Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1099 (Fla. 1987)).
- J.B. v. State, No. 18-0256 (Fla. 3d DCA July 5, 2018).publishedMartin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1099 (Fla. 1987), superseded by statute on other grounds, as stated in Williams v. Oken, 62 So. 3d 1129, 1134 (Fla. 2011).
Show 99 more citing cases
- US Bank Nat'l Ass'n v. Jason Tranumn, 247 So. 3d 567 (Fla. 1st DCA 2018).published“[t]he order must depart from the essential requirements of law and thus cause material injury to the petitioner throughout the remainder of the proceedings below, effectively leaving no adequate remedy on appeal”
- Westerbeke Corp. v. Atherton, 224 So. 3d 816 (Fla. 2d DCA 2017).publishedFound., Inc., 8 So.3d 1232, 1234 (Fla. 2d DCA 2009) (quoting Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1099 (Fla. 1987)).
- Bankers Lending Servs., Inc. v. Regents Park Investments, LLC, 225 So. 3d 884 (Fla. 3d DCA 2017).publishedMartin-Johnson, Inc., v. Savage, 509 So.2d 1097, 1099 (Fla. 1987).
- Michael Clare v. Lynch, 220 So. 3d 1258 (Fla. 2d DCA 2017).publishedCtr. of Beaches, Inc. v. Rhodin, 40 So.3d 112, 114-15 (Fla. 1st DCA 2010) (citing Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1099 (Fla. 1987)).
- Robles v. Baptist Health South Florida, Inc., 197 So. 3d 1196 (Fla. 3d DCA 2016).published“must depart from the essential requirements of law and thus cause material injury to the petitioner throughout the remainder of the proceedings below, effectively leaving no adequate remedy on appeal”
- 100 Lincoln RD SB, LLC v. Daxan 26 (FL), LLC, 180 So. 3d 134 (Fla. 3d DCA 2015).published“from the essential requirements of law ... causing] material injury to the petitioner throughout the remainder of the proceedings below, effectively leaving no adequate remedy on appeal”
- S. Baptist Hosp. of Florida, Inc. v. Charles ex rel. Charles, 178 So. 3d 102 (Fla. 1st DCA 2015).publishedOrders granting discovery have traditionally been reviewed by certio-rari because, once discovery is wrongfully granted, the complaining party is "beyond relief.” Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1099 (Fla.1987).
- Shands Teaching Hosp. & Clinics, Inc. v. Est. of Lawson ex rel. Lawson, 175 So. 3d 327 (Fla. 1st DCA 2015).publishedCtr. of Beaches, Inc. v. Rhodin, 40 So.3d 112, 114-15 (Fla. 1st DCA 2010) (citing Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1099 (Fla.1987)).
- Holmes Reg'l Med. Ctr., Inc. v. Dumigan, 151 So. 3d 1282 (Fla. 5th DCA 2014).publishedFla., 961 So.2d 1083, 1087 (Fla. 5th DCA 2007) (citing Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1099 (Fla.1987)).
- Markel Am. Ins. Co. v. Baker, 152 So. 3d 86 (Fla. 5th DCA 2014).publishedClark v. Galen Health Care, Inc., 911 So.2d 277, 279 (Fla. 2d DCA 2005) (citing Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1099 (Fla.1987)).
- Jilco, Inc. v. MRG of South Florida, Inc., 162 So. 3d 108 (Fla. 4th DCA 2014).publishedCo. v. Langston, 655 So.2d 91, 94 (Fla.1995) (citing Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1099 (Fla.1987)).
- STO Corp. v. Greenhut Constr. Co., 146 So. 3d 534 (Fla. 1st DCA 2014).publishedAs explained in Martin-Johnson, Inc. v. Savage, 509 So.2d 1097,1099 (Fla.1987), super-ceded by statute on other grounds, § 768.72, Fla. Stat. (1989), [a] non-final order for which no appeal is provided by Rule 9.130 is reviewable by petiti…
- CVS Caremark Corp. v. Latour, 109 So. 3d 1232 (Fla. 1st DCA 2013).published “depart[s] from the essential requirements of law and thus cause[s] material injury to the petitioner throughout the remainder of the proceedings below, effectively leaving no adequate remedy on appeal”
- Geico Gen. Ins. Co. v. Harvey, 109 So. 3d 236 (Fla. 4th DCA 2013).publishedSee Williams v. Oken, 62 So.3d 1129, 1134 (Fla.2011); Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1099 (Fla.1987)).
- City of Hialeah v. Fernandez, 661 So. 2d 335 (Fla. 3d DCA 1995).published
- Topp Telecom, Inc. v. Atkins, 763 So. 2d 1197 (Fla. 4th DCA 2000).published
- Williams v. Spears, 719 So. 2d 1236 (Fla. 1st DCA 1998).published
- Reeves v. Fleetwood Homes of Florida, Inc., 889 So. 2d 812 (Fla. 2004).published
- Citizens Prop. Ins. Corp. v. San Perdido Ass'n, 104 So. 3d 344 (Fla. 2012).published
- Swift Response, LLC v. Routt, 401 So. 3d 640 (Fla. 1st DCA 2025).published
- United Servs. Auto. Ass'n v. Crews, 614 So. 2d 1213 (Fla. 4th DCA 1993).published
- Eberhardt v. Eberhardt, 666 So. 2d 1024 (Fla. 4th DCA 1996).published
- Matlack v. Day, 907 So. 2d 577 (Fla. 5th DCA 2005).published
- Miami Physical Therapy v. Savage, 632 So. 2d 114 (Fla. 3d DCA 1994).published
- Allan & Conrad v. Univ. of Cent. Fl., 961 So. 2d 1083 (Fla. 5th DCA 2007).published
- Vega v. Swait, 961 So. 2d 1102 (Fla. 4th DCA 2007).published
- Jud. Watch, Inc. v. Carroll, 776 So. 2d 300 (Fla. 4th DCA 2000).published
- Snyder v. Douglas, 647 So. 2d 275 (Fla. 2d DCA 1994).published
- Zarco Supply Co. v. Bonnell, 658 So. 2d 151 (Fla. 1st DCA 1995).published
- Hewlett v. State, 661 So. 2d 112 (Fla. 4th DCA 1995).published
- Paradise Divers, Inc. v. Upmal, 943 So. 2d 812 (Fla. 3d DCA 2006).published
- Avco Corp. v. Neff, 30 So. 3d 597 (Fla. 1st DCA 2010).published
- West Florida Reg'l Med. Ctr., Inc. v. See, 18 So. 3d 676 (Fla. 1st DCA 2009).published
- Cooper Tire & Rubber Co. v. Rodriguez, 2 So. 3d 1027 (Fla. 3d DCA 2009).published
- Tedeschi v. Surf Side Tower Condo. Ass'n, 35 So. 3d 915 (Fla. 2d DCA 2010).published
- Staman v. Lipman, 641 So. 2d 453 (Fla. 1st DCA 1994).published
- Lakeland Reg'l Med. Ctr. v. Allen, 944 So. 2d 541 (Fla. 2d DCA 2006).published
- Walker v. River City Logistics Inc., 14 So. 3d 1122 (Fla. 1st DCA 2009).published
- Doe v. Suntrust Bank, 32 So. 3d 133 (Fla. 2d DCA 2010).published
- Capco Props. v. MONTEREY GARDENS, 982 So. 2d 1211 (Fla. 3d DCA 2008).published
- Baptist Med. Ctr. of the Beaches, Inc. v. Rhodin, 40 So. 3d 112 (Fla. 1st DCA 2010).published
- Cmty. Psych. Centers v. Bevelacqua, 673 So. 2d 948 (Fla. 4th DCA 1996).published
- Bared & Co. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996).published
- First Union Nat'l Bank of Florida, Na v. Peoples Nat'l Bank of Com., Miami, 644 So. 2d 538 (Fla. 3d DCA 1994).published
- Fassy v. Crowley, 884 So. 2d 359 (Fla. 2d DCA 2004).published
- Sloan v. Toler, 778 So. 2d 1094 (Fla. 3d DCA 2001).published
- Pinebrook Towne House v. Ce O'Dell, 725 So. 2d 431 (Fla. 2d DCA 1999).published
- Suburban Propane v. Est. of Pitcher, 564 So. 2d 1118 (Fla. 1st DCA 1990).published
- Royal Caribbean Cruises, Ltd. v. Doe, 964 So. 2d 713 (Fla. 3d DCA 2007).published
- Simeon, Inc. v. Cox, 655 So. 2d 156 (Fla. 5th DCA 1995).published
- In re G.D., 870 So. 2d 235 (Fla. 2d DCA 2004).published
- ACandS, Inc. v. Askew, 597 So. 2d 895 (Fla. 1st DCA 1992).published
- Am. Exp. Travel Related Servs., Inc. v. Cruz, 761 So. 2d 1206 (Fla. 4th DCA 2000).published
- Wausau Bus. Ins. Co. v. Quintana, 933 So. 2d 1185 (Fla. 3d DCA 2006).published
- Carrow v. Florida Bar, 848 So. 2d 1283 (Fla. 2d DCA 2003).published
- Kirkland v. Middleton, 639 So. 2d 1002 (Fla. 5th DCA 1994).published
- Ford Motor Co. v. Hall-Edwards, 997 So. 2d 1148 (Fla. 3d DCA 2008).published
- Goodyear Tire & Rubber Co. v. Schalmo, 987 So. 2d 142 (Fla. 2d DCA 2008).published
- Gleicher v. Claims Verification Inc., 908 So. 2d 560 (Fla. 4th DCA 2005).published
- State Farm Mut. Auto. Ins. Co. v. O'HEARN, 975 So. 2d 633 (Fla. 2d DCA 2008).published
- Commonwealth Land Title Ins. Co. v. Higgins, 975 So. 2d 1169 (Fla. 1st DCA 2008).published
- Cantor v. Toyota Motor Sales, USA, Inc., 546 So. 2d 766 (Fla. 5th DCA 1989).published
- Marcus & Marcus, PA v. Sinclair, 731 So. 2d 845 (Fla. 3d DCA 1999).published
- Tucker v. Resha, 610 So. 2d 460 (Fla. 1st DCA 1992).published
- Jennings v. Elections Canvassing Com'n, 958 So. 2d 1083 (Fla. 1st DCA 2007).published
- St. Paul Fire & Marine Ins. Co. v. Marina Bay Resort Condo. Assoc., Inc., 794 So. 2d 755 (Fla. 1st DCA 2001).published
- Hous. Auth. of City of Tampa v. Burton, 874 So. 2d 6 (Fla. 2d DCA 2004).published
- Royal Caribbean Cruises, Ltd. v. Sinclair, 808 So. 2d 231 (Fla. 3d DCA 2001).published
- All About Cruises, Inc. v. CRUISE OPTIONS, 889 So. 2d 905 (Fla. 4th DCA 2004).published
- McGarrah v. Bayfront Med. Ctr., Inc., 889 So. 2d 923 (Fla. 2d DCA 2004).published
- Hlot Fam. Ltd. P'ship v. Magnolia Plantation Prop. Owners'ass'n. Inc., 801 So. 2d 292 (Fla. 1st DCA 2001).published
- Est. of Stephens v. GALEN HEALTH CARE, 911 So. 2d 277 (Fla. 2d DCA 2005).published
- Aero Squadron of Miami, Inc. v. Colon, 862 So. 2d 806 (Fla. 3d DCA 2003).published
- Lemieux v. Tandem Health Care, Inc., 862 So. 2d 745 (Fla. 2d DCA 2003).published
- Niemi v. Brown & Williamson Tobacco Corp., 862 So. 2d 31 (Fla. 2d DCA 2003).published
- Williams v. Oken, 62 So. 3d 1129 (Fla. 2011).published
- J.S. v. S.M.M., 67 So. 3d 1231 (Fla. 2d DCA 2011).published
- Keck v. Eminisor, 46 So. 3d 1065 (Fla. 1st DCA 2010).published
- Am. Educ. Enter., LLC v. Bd. of Trs., 45 So. 3d 941 (Fla. 3d DCA 2010).published
- Vital Pharm., Inc. v. Cheryl Ohel, 308 So. 3d 160 (Fla. 4th DCA 2020).published
- Eutsay v. State, 103 So. 3d 181 (Fla. 1st DCA 2012).published
- Mason v. Janssen, 113 So. 3d 41 (Fla. 2d DCA 2012).published
- Elsner v. E-Com. Coffee Club, 126 So. 3d 1261 (Fla. 4th DCA 2013).published
- Quamina v. Deutsche Bank Nat'l Trust Co., 132 So. 3d 259 (Fla. 4th DCA 2013).published
- D.C. v. J.M., 133 So. 3d 1080 (Fla. 3d DCA 2014).published
- Int'l Ship Repair & Marine Servs., Inc. v. Aleman, 38 So. 3d 821 (Fla. 2d DCA 2010).published
- Nader v. Florida Dep't of High. Saf. & Motor Vehs., 87 So. 3d 712 (Fla. 2012).published
- Bondi v. Tucker, 93 So. 3d 1106 (Fla. 1st DCA 2012).published
- Transmark, USA, Inc. v. State, Dep't of Ins., 631 So. 2d 1112 (Fla. 1st DCA 1994).published
- Winstel v. Sentry Quick Print, Inc., 655 So. 2d 217 (Fla. 3d DCA 1995).published
- Wackenhut Corp. v. Prieto, 760 So. 2d 1093 (Fla. 3d DCA 2000).published
- Miller v. Faith Christian Fam. Church of Panama City Beach, Inc., 784 So. 2d 604 (Fla. 1st DCA 2001).published
- L.D. v. Dep't of Child. & Fam. Servs., 870 So. 2d 235 (Fla. 2d DCA 2004).published
- Allstate Ins. Co. v. Boecher, 733 So. 2d 993 (Fla. 1999).published
- Sutton v. State, 884 So. 2d 198 (Fla. 2d DCA 2004).published
- Giacalone v. Helen Ellis Mem'l Hosp. Found., Inc., 8 So. 3d 1232 (Fla. 2d DCA 2009).published
- Maris Distrib. Co. v. Anheuser-Busch, 710 So. 2d 1022 (Fla. 1st DCA 1998).published
- Bushong v. Peel, 85 So. 3d 511 (Fla. 2d DCA 2012).published
- Thompson v. Thompson, 635 So. 2d 1064 (Fla. 5th DCA 1994).published
At page 1098 Limiting use of common law certiorari for nonfinal orders48 citing cases[C]ommon law certiorari is an extraordinary remedy and should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types of non-final orders.
- State of Florida v. Johnathan David Garcia, 350 So. 3d 322 (Fla. 2022).published ([C]ommon law certiorari is an extraordinary remedy and should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types of non-final orders.)
- Bd. of Trs. v. Am. Educ. Enter., LLC, 99 So. 3d 450 (Fla. 2012).published In Marlin-Johnson, Inc., this Court expressed an unwillingness to “creat[e] a new category of non-final orders reviewable on interlocutory appeal.” 509 So.2d at 1099 ; id. at 1100 (“Even when the order departs from the essential requiremen…
- State of Florida v. Angel Alejandro Lobato, 394 So. 3d 1219 (Fla. 6th DCA 2024).published“A writ of certiorari to correct a nonfinal order is indeed ‘an extraordinary remedy.’” State v. Garcia, 350 So. 3d 322 , 325 (Fla. 2022) (quoting Martin- Johnson, Inc. v. Savage, 509 So. 2d 1097, 1098 (Fla. 1987)).
- State of Florida v. S. G., 379 So. 3d 584 (Fla. 6th DCA 2024).publishedV, § 4(b)(1), Fla. Const. In fact, “certiorari is an extraordinary remedy and [it] should not be used to circumvent 10 the interlocutory appeal rule which authorizes appeal from only a few types of non- final orders.” Belair v. Drew, 770 S…
- Univ. of Florida Bd. of Trs. v. Laurie Carmody, 372 So. 3d 246 (Fla. 2023).publishedThe common law writ of certiorari is an “extraordinary remedy.” Mintz Truppman, P.A. v. Cozen O’Connor, PLC, 346 So. 3d 577 , 579 n.6 (Fla. 2022) (quoting Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1098-99 (Fla. 1987), superseded by…
- Bpi Sports, LLC v. Florida Supplement, LLC, 351 So. 3d 631 (Fla. 3d DCA 2022).publishedWeekly D1783 , D1783–84 (Fla. 3d DCA Aug. 24, 2022); Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1098 (Fla. 1987), superseded by statute on other grounds, § 768.72, Fla. Stat. (2021); High Five Prod., Inc. v. Riddle, 286 So. 3d 890 ,…
- Mintz Truppman, P.A. v. Cozen O'Connor, PLC, 346 So. 3d 577 (Fla. 2022).published“no adequate remedy on appeal”
- Deryl Nathan Foster v. State of Florida, 326 So. 3d 1192 (Fla. 1st DCA 2021).published Certiorari review “should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types of non-final orders.” Jaye v. Royal Saxon, Inc., 720 So. 2d 214, 215 (Fla. 1998) (quoting Martin-Johnson, Inc.…
- Katherine Magbanua v. State of Florida, 281 So. 3d 523 (Fla. 1st DCA 2019).publishedAnalysis Certiorari is an extraordinary remedy that “should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types of non-final orders.” Jaye v. Royal Saxon, Inc., 720 So. 2d 214, 214-15 (Fla.…
- Gift of Life Adoptions, Inc. v. S. R. B., 252 So. 3d 788 (Fla. 2d DCA 2018).publishedIn K.H., the Fourth District concluded that "[u]ntil a putative father complies with the statute [section 63.062], he has no constitutionally-protected right to counsel." 120 So. 3d at 108 (citing In the Interest of D.B., 385 So. 2d 83, 91…
Show 36 more citing cases
- McMahan v. McMahan, 223 So. 3d 391 (Fla. 1st DCA 2017).published“[C]ommon law certiorari is an extraordinary remedy and should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types of non-final orders”
- Laycock v. TMS Logistics, Inc., 209 So. 3d 627 (Fla. 1st DCA 2017).publishedMartin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1098 (Fla. 1987), superseded by statute on other grounds, as stated in Williams v. Oken, 62 So.3d 1129, 1134 (Fla. 2011); see also San Perdido Ass’n, 104 So.3d at 348 (noting that list of app…
- Charles v. State, 193 So. 3d 31 (Fla. 3d DCA 2016).publishedAs the Florida Supreme Court has explained, “ ‘certiorari is an extraordinary remedy and [it] should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types of non-final orders.”’ Belair v. Dre…
- Kelly Paton v. Geico Gen. Ins. Co., 190 So. 3d 1047 (Fla. 2016).published “This Court has emphasized, however, that certiorari review in this instance, ‘is an extraordinary remedy and should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types o…”
- Toomey v. N. Trust Co., 182 So. 3d 891 (Fla. 3d DCA 2016).publishedGrace & Co., 639 So.2d 1056, 1057 (Fla. 3d DCA 1994) (citing Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1098-99 (Fla.1987)).
- Florida Fish & Wildlife Conservation Comm'n v. Jeffrey, 178 So. 3d 460 (Fla. 1st DCA 2015).published“an extraordinary remedy and should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types of non-final orders”
- Elms v. Castle Constructors Co., 109 So. 3d 1274 (Fla. 1st DCA 2013).publishedMore recently, in Board of Trustees of the Internal Improvement Trust Fund v. American Educational Enterprises, LLC, the supreme court emphasized that “certiorari relief is an ‘extremely rare’ remedy that will be provided in ‘very few case…
- Cotton States Mut. Ins. v. D'ALTO, 879 So. 2d 67 (Fla. 1st DCA 2004).published
- Venus Labs., Inc. v. Katz, 573 So. 2d 993 (Fla. 3d DCA 1991).published
- Globe Newspaper Co. v. King, 658 So. 2d 518 (Fla. 1995).published
- City of Hialeah v. Fernandez, 661 So. 2d 335 (Fla. 3d DCA 1995).published
- Abbey v. Patrick, 16 So. 3d 1051 (Fla. 1st DCA 2009).published
- Oken v. Williams, 23 So. 3d 140 (Fla. 1st DCA 2009).published
- DeLoach v. Aird, 989 So. 2d 652 (Fla. 2d DCA 2007).published
- Topp Telecom, Inc. v. Atkins, 763 So. 2d 1197 (Fla. 4th DCA 2000).published
- Bennett's Leasing, Inc. v. First Street Mortg. Corp., 870 So. 2d 93 (Fla. 1st DCA 2003).published
- Williams v. Spears, 719 So. 2d 1236 (Fla. 1st DCA 1998).published
- Riano v. Heritage Corp. of S. Fla., 665 So. 2d 1142 (Fla. 3d DCA 1996).published
- Wheeled Coach Indus., Inc. v. Annulis, 852 So. 2d 430 (Fla. 5th DCA 2003).published
- Banco Latino (saca) v. Kimberly, 979 So. 2d 1169 (Fla. 3d DCA 2008).published
- Criswell v. Best W. Int'l, Inc., 636 So. 2d 562 (Fla. 3d DCA 1994).published
- Jaye v. Royal Saxon, Inc., 720 So. 2d 214 (Fla. 1998).published
- Rozier v. State, 603 So. 2d 120 (Fla. 5th DCA 1992).published
- Reeves v. Fleetwood Homes of Florida, Inc., 889 So. 2d 812 (Fla. 2004).published
- Belair v. Drew, 770 So. 2d 1164 (Fla. 2000).published
- Monteiro v. Monteiro, 55 So. 3d 686 (Fla. 3d DCA 2011).published
- Diversicare Leasing Corp. v. The Est. of Herbert P. Catt, 267 So. 3d 560 (Fla. 2d DCA 2019).published
- Citizens Prop. Ins. Corp. v. San Perdido Ass'n, 104 So. 3d 344 (Fla. 2012).published
- Gutierrez v. Rubio, 126 So. 3d 320 (Fla. 3d DCA 2013).published
- Jones v. Pfaff, 77 So. 3d 884 (Fla. 2d DCA 2012).published
- Mazda Motor Corp. v. Quinn, 524 So. 2d 1021 (Fla. 1st DCA 1987).published
- Swift Response, LLC v. Routt, 401 So. 3d 640 (Fla. 1st DCA 2025).published
- Isaac "Ike" Perlmutter v. Fed. Ins. Co., 434 So. 3d 681 (Fla. 2026).published
- Comisky v. Rosen Mgmt. Serv., 630 So. 2d 628 (Fla. 4th DCA 1994).published
- Allstate Ins. Co. v. Boecher, 733 So. 2d 993 (Fla. 1999).published
- Sutton v. State, 884 So. 2d 198 (Fla. 2d DCA 2004).published
At page 1100 Determining irreparable harm for certiorari review of discovery orders24 citing casesLitigation of a non-issue will always be inconvenient and entail considerable expense of timé and money for all parties in the case. The authorities are clear that this type of harm is not sufficient to permit certiorari review
- Walgreen Co. v. Rubin, 229 So. 3d 418 (Fla. 3d DCA 2017).published(Litigation of a non-issue will always be inconvenient and entail considerable expense of timé and money for all parties in the case. The authorities are clear that this type of harm is not sufficient to permit certiora…)
- Bd. of Trs. v. Am. Educ. Enter., LLC, 99 So. 3d 450 (Fla. 2012).published (Even when the order departs from the essential requirements of the law, there are strong reasons militating against certiorari review.)
- Olges v. Dougherty, 856 So. 2d 6 (Fla. 1st DCA 2003).published (We recognize that discovery of certain types of information may reasonably cause material injury of an irreparable nature. Illustrative is `cat out of the bag' material that could be used by an unscrupulous litigant to…)
- Myi Int'l, LLC v. Blue Ocean Miami, Inc., 359 So. 3d 1259 (Fla. 3d DCA 2023).publishedCo. v. Langston, 655 So. 2d 91, 94 (Fla. 1995) (quoting Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1100 (Fla. 1987), superseded by statute on other grounds, § 768.72, Fla. Stat. (2021)) (“Discovery of certain kinds of information ‘ma…
- Geilan Sahmoud v. Gamal Marwan, 338 So. 3d 29 (Fla. 3d DCA 2022).publishedCo. v. Langston, 655 So. 2d 91, 94 (Fla. 1995) (quoting in part Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1100 (Fla. 1987)).
- Brent A. Dodgen v. Kaitlyn P. Grijalva, 331 So. 3d 679 (Fla. 2021).published Co. v. Langston, 655 So. 2d 91, 94 (Fla. 1995) (citing Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1100 (Fla. 1987)).
- Deryl Nathan Foster v. State of Florida, 326 So. 3d 1192 (Fla. 1st DCA 2021).published Certiorari review “should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types of non-final orders.” Jaye v. Royal Saxon, Inc., 720 So. 2d 214, 215 (Fla. 1998) (quoting Martin-Johnson, Inc.…
- Lewis Tree Serv., Inc. v. Asplundh Tree Expert, LLC, 311 So. 3d 206 (Fla. 2d DCA 2020).publishedCo. v. Langston, 655 So. 2d 91, 94 (Fla. 1995) (quoting Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1100 (Fla. 1987)); Bright House Networks, LLC v. Cassidy, 129 So. 3d 501, 505 (Fla. 2d DCA 2014) ("Orders improperly requiring the dis…
- Marilyn Roseanne Hunt v. James Lightfoot, 239 So. 3d 175 (Fla. 1st DCA 2018).published Co. v. Langston, 655 So. 2d 91, 94 (Fla. 1995) (explaining that “certain kinds of information ‘may reasonably cause material injury of an irreparable nature,’” including “cat out of the bag” information such as that “protected by privilege…
- Kobi Karp Architecture & Interior Design, Inc. v. Charms 63 Nobe, LLC, 166 So. 3d 916 (Fla. 3d DCA 2015).publishedLangston, 655 So.2d at 94 (quoting Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1100 (Fla.1987)). *920 Kobi Karp invites us to read Langston and Santos broadly so that irreparable harm is presumed whenever a discovery order grants a lit…
Show 13 more citing cases
- Rousso v. Hannon, 146 So. 3d 66 (Fla. 5th DCA 2014).published Co. v. Langston, 655 So. 2d 91, 94 (Fla. 1995) (quoting Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1100 (Fla. 1987)).
- Topp Telecom, Inc. v. Atkins, 763 So. 2d 1197 (Fla. 4th DCA 2000).published
- Straub v. Matte, 805 So. 2d 99 (Fla. 4th DCA 2002).published
- Beverly Enter.-Florida, Inc. v. Ives, 832 So. 2d 161 (Fla. 5th DCA 2002).published
- Alterra Healthcare Corp. v. Est. of Shelley, 827 So. 2d 936 (Fla. 2002).published
- Allstate Ins. Co. v. Langston, 627 So. 2d 1178 (Fla. 4th DCA 1993).published
- James Fratangelo v. John Olsen, 271 So. 3d 1051 (Fla. 3d DCA 2018).published
- Bailey v. State, 100 So. 3d 213 (Fla. 3d DCA 2012).published
- Florida House of Representatives v. Romo, 113 So. 3d 117 (Fla. 1st DCA 2013).published
- Katzman v. Rediron Fabrication, Inc., 76 So. 3d 1060 (Fla. 4th DCA 2011).published
- Guarantee Trust Life Ins. Co. v. Gross, 656 So. 2d 959 (Fla. 2d DCA 1995).published
- Hargrett v. Toyota Motor Sales U.S.A., Inc., 705 So. 2d 1009 (Fla. 5th DCA 1998).published
- Sutton v. State, 884 So. 2d 198 (Fla. 2d DCA 2004).published
At page 1097 “common law certiorari is an extraordinary remedy and should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types of non-final orders.”0 citing cases
v.
Tommie SAVAGE
We have for review the decision of the First District in Martin-Johnson, Inc. v. Savage, 488 So.2d 567 (Fla. 1st DCA 1986), certified to be in direct conflict with the decisions of the Fifth District in Sunrise Olds-Toyota, Inc. v. Monroe, 476 So.2d 240 (Fla. 5th DCA 1985), and Jaimot v. Media Leasing Corp., 457 So.2d 529 (Fla. 5th DCA 1984). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
In these cases, the district courts reached conflicting decisions as to whether it is appropriate for an appellate court to review by certiorari an interlocutory order denying a motion to dismiss or strike a claim for punitive damages. We conclude that appellate courts may not review such orders by certiorari.
In the proceedings below, Savage (respondent) filed a wrongful discharge action against Martin-Johnson (petitioner) seeking compensatory and punitive damages. Martin-Johnson moved to strike the punitive damages claim on the ground that the complaint did not allege ultimate facts of misconduct which could support an award of punitive damages. The motion to strike was denied and Martin-Johnson’s petition for writ of certiorari followed. The First District declined review by certiorari, holding that petitioner would have an adequate remedy by way of appeal of a final order. Under similar factual circumstances, the Fifth District in Sunrise-Olds Toyota and Jaimot granted certiorari, holding that since a claim for punitive damages could serve as a basis for inquiry into normally private and protected matters, a trial court’s failure to strike an invalid punitive damages claim would result in irreparable injury.[1] We agree with the district court below that petitioner has an adequate remedy at law by way of appeal; therefore, we need not pass on the correctness of the trial court order sought to be reviewed.
We emphasize, first of all, that common law certiorari is an extraordinary remedy and should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types of non-final orders.[2] Hawaiian Inn v. Snead Construction Corp., 393 So.2d 1201 (Fla. 5th DCA 1981); Ford Motor Co. v. Edwards, 363 So.2d 867 (Fla. 1st DCA 1978). Generally, all other appellate review is postponed until the matter is concluded in the trial court. As the Advisory Committee note to the 1977 Revision of the Florida Appellate Rules states:
[I]t is extremely rare that erroneous interlocutory rulings can be corrected by[*1099] resort to common law certiorari. It is anticipated that since the most urgent interlocutory orders are appealable under this rule, there will be very few cases where common law certiorari will provide relief. See Taylor v. Board of Public Instruction of Duval County, 131 So.2d 504 (Fla. 1st DCA 1961).
A non-final order for which no appeal is provided by Rule 9.130 is reviewable by petition for certiorari only in limited circumstances. The order must depart from the essential requirements of law and thus cause material injury to the petitioner throughout the remainder of the proceedings below, effectively leaving no adequate remedy on appeal. Brooks v. Owens, 97 So.2d 693 (Fla.1957); Kilgore v. Bird, 149 Fla. 570, 6 So.2d 541 (1942).
Ordinarily, orders on motions to strike or dismiss claims do not qualify for review by certiorari. Gordons Jewelry Co. of Florida, Inc. v. Feldman, 351 So.2d 1117 (Fla. 4th DCA 1977); Allstate Ins. Co. v. Shupack, 335 So.2d 620 (Fla. 3d DCA 1976); Hotel Roosevelt Co. v. Hill, 196 So.2d 233 (Fla. 1st DCA 1967); But see Radio Communications Corp. v. Oki Electronics of America, Inc., 277 So.2d 289 (Fla. 4th DCA 1973); Lovi v. North Shore Bank, 137 So.2d 585 (Fla. 3d DCA), cert. denied, 143 So.2d 492 (1962). Orders granting discovery, on the other hand, have traditionally been reviewed by certiorari. See e.g., Procter & Gamble Co. v. Swilley, 462 So.2d 1188 (Fla. 1st DCA 1985); Greyhound Lines, Inc. v. Jackson, 445 So.2d 1107 (Fla. 4th DCA 1984); Boucher v. Pure Oil Co., 101 So.2d 408 (Fla. 1st DCA 1957). The rationale of these cases is that appeal after final judgment is unlikely to be an adequate remedy because once discovery is wrongfully granted, the complaining party is beyond relief. Boucher, 101 So.2d at 410.
The appellate courts’ liberal use of certio-rari in this way has led some litigants to seek certiorari review of the discovery order that generally follows a lower court’s denial of a motion to strike a punitive damages claim. Safeco Ins. Co. of America v. Campbell, 433 So.2d 25 (Fla. 2d DCA 1983); Allstate Ins. Co. v. Gibbs, 340 So.2d 1202 (Fla. 4th DCA 1976), cert. dismissed, 354 So.2d 980 (1977). In this posture, the rationale for reviewing the punitive damages claim is the court’s authority to dispose of all contested issues in a case once it has jurisdiction. See Gibbs, 340 So.2d at 1203 (citing Kennedy v. Kennedy, 303 So.2d 629 (Fla.1974)). And in a few cases, appellate courts, although declining to pass on the order denying the motion to strike, have held discovery orders improper because the claim precluded an award of punitive damages. See Jenkins v. Milliken, 498 So.2d 495 (Fla. 2d DCA 1986); Solodky v. Wilson, 474 So.2d 1231 (Fla. 5th DCA 1985); United States Fire Insurance Co. v. Clearwater Oaks Bank, 421 So.2d 783 (Fla. 2d DCA 1982).
Regardless of the route taken, we cannot agree that certiorari is a proper vehicle for testing denial of a motion to strike a claim for punitive damages. Were we to permit certiorari review of such orders, either directly, as in the case at bar, or in connection with review of a discovery order, we in essence would be creating a new category of non-final orders reviewable on interlocutory appeal. We are unwilling to do so for a number of reasons.
First, we do not believe the harm that may result from discovery of a litigant’s finances is the type of “irreparable harm” contemplated by the standard of review for certiorari. In certiorari proceedings, an order may be quashed only for certain fundamental errors. In Kilgore v. Bird, this Court recognized the distinction between discovery orders that merely violate rules of evidence and may be corrected by a reversal, and those that violate fundamental rights causing harm that cannot be remedied on appeal. In that case, involving a ruling on objections to interrogatories, this Court said:
[Requiring a witness to answer some questions may constitute error which may or may not warrant reversal on appeal and inflict no injury on the witness, while requiring the witness to answer other questions might so violate his civil rights as to make review on [*1100] appeal entirely inadequate and would constitute such a departure from the essential requirements of the law as to make a ruling requiring the answer reviewable on certiorari to adequately protect the constitutional or lawful rights of the witness....
Many of the questions, supra, which witness has been required to answer are so framed as to violate the rules of evidence and it appears that some of the others may require a violation of the lawful rights of the witness which may not be mended by review on appeal. Before we can determine the extent of the illegality of the question as distinguished from the impropriety thereof, we must have before us the pleadings on which questions are based.
149 Fla. at 582, 6 So.2d at 547-78 (emphasis added).
Thus, not every erroneous discovery order creates certiorari jurisdiction in an appellate court. Some orders entered in connection with discovery proceedings are subject to adequate redress by plenary appeal from a final judgment. See City of Miami Beach v. Town, 375 So.2d 866 (Fla. 3d DCA 1979).
We recognize that discovery of certain types of information may reasonably cause material injury of an irreparable nature. Illustrative is “cat out of the bag” material that could be used by an unscrupulous litigant to injure another person or party outside the context of the litigation. See e.g. Bridges v. Williamson, 449 So.2d 400 (Fla. 2d DCA 1984) (irreparable injury due to possible republication of libelous statement); City of Miami Beach v. Town, 375 So.2d 866 (Fla. 3d DCA 1979) (question concerning ongoing police investigation may compromise the investigation as well as cause actual physical danger to those involved).
We cannot characterize the information requested here in this same vein. We are not dealing with material protected by any privilege. Nor can we say petitioner’s privacy interest rises to the level of trade secrets, work product, or information about a confidential informant. We cannot view the harm suffered by this disclosure as significantly greater than that which might occur through discovery in any case in which it is ultimately determined that the complaint should have been dismissed.
Second, to permit interlocutory appeals by certiorari in this instance would result in unwarranted harm to our system of procedure. The rationale employed in this case could as easily be applied to the erroneous denial of a motion for summary judgment or a motion to join or dismiss a party. For example, a defendant in a medical malpractice case could claim “irreparable harm” to reputation and needless cost of litigation flowing from an erroneous denial of a motion for summary judgment. Litigation of a non-issue will always be inconvenient and entail considerable expense of time and money for all parties in the case. The authorities are clear that this type of harm is not sufficient to permit certiorari review. See Wright v. Sterling Drugs, Inc., 287 So.2d 376 (Fla. 2d DCA 1973), cert. denied, 296 So.2d 51 (1974). Moreover, if we permitted review at this stage, appellate courts would be inundated by petitions to review orders denying motions to dismiss such claims, and trial court proceedings would be unduly interrupted. Even when the order departs from the essential requirements of the law, there are strong reasons militating against certiorari review. For example, the party injured by the erroneous interlocutory order may eventually win the case, mooting the issue, or the order may appear less erroneous or less harmful in light of the development of the case after the order. Haddad, The Common Law Writ of Certiorari in Florida, 29 U.Fla.L.Rev. 207, 227-28 (1977).
Lastly, we do not ignore petitioner’s valid privacy interest in avoiding unnecessary disclosure of matters of a personal nature. We believe, however, that our discovery rules provide sufficient means to limit the use and dissemination of discoverable information via protective orders. See Fla.R. Civ.P. 1.280(c) (for good cause shown, trial court may make any order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or[*1101] expense); East Colonial Refuse Service, Inc. v. Velocci, 416 So.2d 1276 (Fla. 6th DCA 1982) (order compelling production of corporate records included caveat that certain items were to be viewed only by respondent’s counsel).
Accordingly, we approve the decision of the First District in Martin-Johnson and disapprove the decisions of Sunrise Olds-Toyota and Jaimot.
It is so ordered.
SHAW and KOGAN, JJ., and ADKINS, J. (Ret.), concur. McDonald, C.J., and OVERTON and EHRLICH, JJ., dissent.The Third District reached a similar conclusion in Club Eden Roc, Inc. v. Fortune Cookie Restaurant, 490 So.2d 210 (Fla. 3d DCA 1986).
Florida Rule of Appellate Procedure 9.130 provides in pertinent part:
(a)(3) Review of non-final orders of lower tribunals is limited to those which:
(A) concern venue;
(B) grant, continue, modify, deny or dissolve injunctions, or refuse to modify or dissolve injunctions;
(C)determine:
(i) jurisdiction of the person;
(ii) right to immediate possession of property;
(iii) right to immediate monetary relief or child custody in domestic relations matters;
(iv) the issue of liability in favor of a party seeking affirmative relief; or
(v) whether a party is entitled to arbitration.