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John J. Lawrence, Petitioner, v. Rockridge Farmettes Property Owner's Association, Inc., Respondent.
John Lawrence petitions for a writ of certiorari to quash a final default judgment of foreclosure. This Court lacks jurisdiction over the petition for writ of certiorari for two reasons. First, Lawrence seeks review of a final order from the circuit court which was not sitting in its review capacity. But certiorari is reserved for nonfinal orders that are not appealable under Florida Rule of Appellate Procedure 9.130 or final orders of circuit courts acting in their review capacity. See Fla. R. App. P. 9.030(b)(2)(A), (B). Second, the petition is untimely because it was filed more than thirty days after the judgment was rendered. See Fla. R. App. P. 9.100(c)(1) (A petition for writ of certiorari “must be filed within 30 days of rendition of the order to be reviewed.”). Accordingly, we dismiss the petition for writ of certiorari.
Lawrence also petitions for a writ of prohibition to prevent the clerk of the lower tribunal from issuing a Certificate of Title while his objections to the sale of the subject property are pending. As it appears from the record that his fear is unfounded, we deny his petition. The sale occurred nearly two months ago, and the record contains no evidence that the clerk intends to issue the certificate while objections are pending, or that the lower court is likely to order its issuance before resolving those objections.
PETITION FOR WRIT OF CERTIORARI DISMISSED. PETITION FOR WRIT OF PROHIBITION DENIED.
PER CURIAM.
NARDELLA, WHITE and KAMOUTSAS, JJ., concur.
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Docket No: Case No. 6D2026-2122
Decided: October 02, 2026
Court: District Court of Appeal of Florida, Sixth District.
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