Legal Opinion · Concurrence

Heekin v. Del Col

District Court of Appeal of Florida

Decided March 16, 2011No. 1D10-4565Published

1ConcurrenceWolf, J.

I concur in the decision to deny the petition for writ of certiorari because there has been no demonstration of a departure from the essential requirements of law.

A petitioner seeking certiorari relief from an order granting discovery is required to demonstrate two circumstances: 1) the order constituted a departure from the essential requirements of law, and 2) production of the material will cause irreparable harm or injury that cannot be remedied on appeal. Commonwealth Land Title Ins. Co. v. Higgins, 975 So.2d 1169 (Fla. 1st DCA 2008).

The element of departure from the essential…

2Cases cited9 opinions

  1. Combs v. StateSupreme Court of Florida · 1983
  2. Allstate Ins. Co. v. LangstonSupreme Court of Florida · 1995
  3. Friedman v. Heart Inst. of Port St. Lucie, Inc.Supreme Court of Florida · 2003
  4. Spry v. Professional Employer PlansDistrict Court of Appeal of Florida · 2008
  5. Commonwealth Land Title Ins. Co. v. HigginsDistrict Court of Appeal of Florida · 2008

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