Knod v. Moore

ORDER DETERMINING JURISDICTION ON APPEAL FROM ORDER DENYING INDIGENCY STATUS

KLEIN, J.

Petitioner has appealed an order denying his request to proceed as an indigent in a civil case in the trial court under section 57.085, Florida Statutes (2001). We have, in the past, treated a notice of appeal from such an order as a petition for certiorari, concluding that erroneous denial of indigent status will cause irreparable harm which cannot be remedied on appeal. Eberhardt v. Eberhardt, 590 So.2d 1134 (Fla. 4th DCA 1992).

The first district disagrees with Eberhardt. In Brown v. Campion, 757 So.2d 535…