State Farm Florida Insurance Co. v. Seville Place Condominium Ass'n

I write to clarify my view that the more appropriate disposition of this case is a dismissal of the petition. The point is more than just academic.

As Judge Chris Altenbernd has written with characteristic lucidity in Parkway Bank v. Fort Myers Armature Works, Inc., 658 So.2d 646 (Fla. 2d DCA 1995):

The case law usually explains that a certiorari petition must pass a three-prong test before an appellate court can grant relief from an erroneous interlocutory order. A petition must establish (1) a departure from the essential requirements of the law, (2) resulting in material injury for the…