“Unless the petitioner establishes irreparable harm, the court must dismiss the petition for lack of jurisdiction.”
How later courts described this case
- “Unless the petitioner establishes irreparable harm, the court must dismiss the petition for lack of jurisdiction.”
- “[A]s a condition precedent to invoking a district court’s certiorari jurisdiction, the petitioning party must establish that it has suffered an irreparable harm that cannot be remedied on direct appeal.”
Written by the judges who cited it.
The opinion
Third District Court of Appeal
State of Florida
Opinion filed April 8, 2026.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-2443
Lower Tribunal No. 23-CA-19-P
________________
Richard Beckman and Diane Beckman,
Petitioners,
vs.
Board of County Commissioners of
Monroe County, Florida,
Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Monroe
County, James W. Morgan, III, Judge.
Andrew M. Tobin, P.A., and Andrew M. Tobin (Tavernier), for
petitioners.
Vose Law Firm, LLP, and Paul R. Waters, Taylor Rachel Simonds, and
Gretchen R.H. Vose (Winter Park), for respondent.
Before LOGUE, LINDSEY and GOODEN, JJ.
PER CURIAM.
Petitioners Richard Beckman and Diane Beckman seek a writ of
certiorari, quashing three orders issued by the trial court. Having thoroughly
reviewed the arguments of the parties and the record before us, we hereby
dismiss. See Belair v. Drew, 770 So. 2d 1164, 1166 (Fla. 2000) (“For an
appellate court to review a nonfinal order by petition for certiorari, the
petitioner must demonstrate that the trial court departed from the essential
requirements of the law, thereby causing irreparable injury which cannot be
adequately remedied on appeal following final judgment.”); Jaye v. Royal
Saxon, Inc., 720 So. 2d 214, 215 (Fla. 1998) (“[A]s a condition precedent to
invoking a district court’s certiorari jurisdiction, the petitioning party must
establish that it has suffered an irreparable harm that cannot be remedied on
direct appeal.”); Damsky v. Univ. of Miami, 152 So. 3d 789, 792 (Fla. 3d DCA
2014) (“Unless the petitioner establishes irreparable harm, the court must
dismiss the petition for lack of jurisdiction.”).
Petition dismissed.
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