Legal Opinion

Taylor v. TGI Friday's, Inc.

District Court of Appeal of Florida

Decided August 28, 2009No. 1D09-0678PublishedCited by 10 opinions

1Per curiam

Petitioner seeks certiorari relief and argues the JCC’s order appointing an expert *313medical advisor (EMA) represents a departure from the essential requirements of the law causing irreparable harm not remediable on appeal. Because Petitioner failed to establish irreparable harm, as was his burden, we deny the petition.

For a non-final workers’ compensation order to be reviewable by certiorari, a petitioner is required to demonstrate that the order constitutes a departure from essential requirements of law, and would cause material harm that cannot be adequately remedied by appeal. See, e.g.,…

2Cases cited4 opinions

  1. Spry v. Professional Employer PlansDistrict Court of Appeal of Florida · 2008
  2. Dawson v. CLERK OF CIRCUIT CT.-HILLSBOROUGH CTY.District Court of Appeal of Florida · 2008
  3. Diestel v. Winfrey Plumbing, Inc.District Court of Appeal of Florida · 1996
  4. Vazquez v. Wendy'sDistrict Court of Appeal of Florida · 2006

3Cited by10 opinions

  1. Avco Corp. v. NeffDistrict Court of Appeal of Florida · 2010
  2. Fuller v. TruncaleDistrict Court of Appeal of Florida · 2010
  3. Heekin v. Del ColDistrict Court of Appeal of Florida · 2011
  4. Department of Revenue v. GromanDistrict Court of Appeal of Florida · 2010
  5. Maria Suarez v. Steward Enterprises and Travelers Ins. Co.District Court of Appeal of Florida · 2015

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