Third District Court of Appeal
State of Florida
Opinion filed January 4, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-797
Lower Tribunal No. 22-8708 CC
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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.
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