Legal Opinion · Dissent

Florida House of Representatives v. Romo

District Court of Appeal of Florida

Decided May 22, 2013No. 1D12-5280Published

1DissentBenton, C.J.

I would deny the petition for writ of certiorari for failure to demonstrate material, irreparable — or, arguably, any — legally cognizable injury. “[I]f the party seeking review does not demonstrate that it will suffer material injury of an irreparable nature, then an appellate court may not grant certiorari relief from a non-appeal-able non-final order,” like Judge Lewis’s protective order in the present case. See Bd. of Trs. of Internal Improvement Trust Fund v. Am. Educ. Enters., LLC, 99 So.3d 450, 454-55 (Fla.2012) (ruling that a finding that the petitioner has “‘suffered an irreparable…

2Cases cited22 opinions

  1. United States v. NixonSupreme Court of the United States · 1974
  2. United States v. BrewsterSupreme Court of the United States · 1972
  3. Allstate Ins. Co. v. LangstonSupreme Court of Florida · 1995
  4. Broward County v. GBV Intern., Ltd.Supreme Court of Florida · 2001
  5. Board of Trustees v. American Educational Enterprises, LLCSupreme Court of Florida · 2012

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