Miami-Dade County v. King , 2015 Fla. App. LEXIS 14887 ( 2015 )


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  •        Third District Court of Appeal
    State of Florida
    Opinion filed October 7, 2015.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D15-1099
    Lower Tribunal No. 11-4024
    ________________
    Miami-Dade County,
    Petitioner,
    vs.
    Adrian King,
    Respondent.
    A Writ of Certiorari to the Circuit Court for Miami-Dade County, Gill S.
    Freeman, Judge.
    R.A. Cuevas, Jr., Miami-Dade County Attorney, and Eric Rodriguez and
    William X. Candela, Assistant County Attorneys, for petitioner.
    David H. Charlip, for respondent.
    Before SUAREZ, C.J., and EMAS and FERNANDEZ, JJ.
    PER CURIAM.
    Upon consideration, we conclude that this court lacks jurisdiction, and
    dismiss the petition for writ of certiorari. See Lowenstein, Inc. v. Draheim, 
    898 So. 2d 1129
    (Fla. 4th DCA 2005) (dismissing appeal of order vacating arbitration
    award as one taken from a nonfinal, nonappealable order, and noting that certiorari
    jurisdiction is not appropriate because Lowenstein had not suffered irreparable
    harm that could not be remedied on direct appeal); Zabawa v. Penna, 
    868 So. 2d 1292
    (Fla. 5th DCA 2004) (dismissing petition for writ of certiorari from order
    vacating arbitration award because petitioner could not show irreparable harm
    irremediable on direct appeal). Contra Felger v. Mock, 
    65 So. 3d 625
    (Fla. 1st
    DCA 2011) (granting certiorari review of order vacating arbitration award,
    analogizing said order to one granting a motion for new trial). But see Heart
    Surgery Center v. Bixler, 
    128 So. 3d 169
    , 173 n.2 (Fla. 1st DCA 2013) (the panel
    acknowledged that Felger is the controlling authority within the First District and
    authorized certiorari review of an order vacating an arbitration award, but observed
    that “for the reasons explained in Judge Benton’s dissent in Felger [65 So. 3d at
    626], we believe that Felger is wrongly decided on such issue. . . . Here, in our
    view, any harm caused by the order under review can be remedied on direct appeal
    of a final order in this case.”)
    2
    

Document Info

Docket Number: 3D15-1099

Citation Numbers: 176 So. 3d 373, 2015 Fla. App. LEXIS 14887, 2015 WL 5834243

Judges: Suarez, Emas, Fernandez

Filed Date: 10/7/2015

Precedential Status: Precedential

Modified Date: 10/19/2024