Buckingham Estates Homeowners Ass'n v. Metcalf

Buckingham Estates Homeowners Association, Inc. (“HOA”) seeks certiorari review of an order allowing discovery pertaining to Lisa J. Metcalfs pending motion for sanctions under section 57.105, Florida Statutes (2016). Because we conclude the trial court lacks jurisdiction to consider Metcalfs motion for sanctions, we elect to treat the petition as a petition for writ of prohibition, which we grant.

HOA sued Metcalf in an effort to gain access to land to perform repairs to a wall bordering Metcalfs property. After Met-calf filed a motion to dismiss, HOA served its notice of voluntary dismissal.…