FLORIDA DEPARTMENT OF HEALTH v. LLC LLC WP LLC (2022)

District Court of Appeal of Florida, First District.

FLORIDA DEPARTMENT OF HEALTH and Dr. Joseph Ladapo, in his official capacity as State Surgeon General and State Health Officer of the Florida Department of Health, Petitioners, v. Carlos Guillermo SMITH and Florida Center for Government Accountability, Inc., Respondents, The Associated Press, The First Amendment Foundation, Gannett Co., Inc., The McClatchy Company, LLC d/b/a The Miami Herald, The New York Times Company, Scripps Media, Inc., Sun-Sentinel Company, LLC, Times Publishing Co. and WP Company, LLC, Intervenor Respondents.

No. 1D22-334

Decided: October 12, 2022

Erik M. Figlio, Ruth E. Vafek, and Alexandra E. Akre, of Ausley McMullen, Tallahassee, for Petitioners. Andrea Flynn Mogensen, of Law Office of Andrea Flynn Mogensen, Sarasota; Victor L. Chapman and R. Steven Ruta, of Barrett, Chapman & Ruta, P.A., Orlando, for Respondents. Mark R. Caramanica, Carol Jean LoCicero, and Linda R. Norbut, of Thomas & LoCicero PL, Tampa, for Intervenor Respondents.

The Florida Department of Health and State Surgeon General seek certiorari review of an order denying their motion for a protective order as to the deposition of a corporate representative in a public records lawsuit. Because the petition does not demonstrate that the order would result in irreparable harm to the petitioners, the petition is Dismissed. See Univ. of Fla. Bd. of Trs. v. Carmody, 331 So. 3d 236, 237 (Fla. 1st DCA 2021) (conditioning certiorari jurisdiction upon a showing of irreparable harm which cannot be corrected on direct appeal).

Per Curiam.

Ray, Osterhaus, and Nordby, JJ., concur.

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