J.G., the Father, Petitioner, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES (2020)

The Father, J.G., seeks certiorari review of the trial court's non-final order modifying R.G.'s placement from the custody of his paternal aunt into foster care.¹ See § 39.522, Fla. Stat. (2019). The trial court found that it was in R.G.'s best interests to remove him from the custody of the paternal aunt as a result of the aunt's failure to disclose relevant information that ultimately resulted in a negative home study. This permitted the court's removal of R.G. from that environment. See § 39.521(2)(o), Fla. Stat. (2019). The Father had been previously deported, did not have custody, and does not now seek custody.

Certiorari is an extraordinary remedy that “never was intended to redress mere legal error.” Broward Cty. v. G.B.V., Int'l, Ltd., 787 So. 2d 838, 842 (Fla. 2001). To grant certiorari relief, a party must demonstrate: (1) a material injury in the proceedings that cannot be corrected on appeal (sometimes referred to as irreparable harm); and (2) a “depart[ure] from the essential requirements of the law.” Nader v. Fla. Dep't of Highway Safety & Motor Vehicles, 87 So. 3d 712, 721 (Fla. 2012) (quotations omitted). The establishment of irreparable harm is a condition precedent to invoking certiorari jurisdiction. Stockinger v. Zeilberger, 152 So. 3d 71, 73 (Fla. 3d DCA 2014).

As the Father has not shown that the modification of placement order causes him any material injury that cannot be corrected on appeal, i.e., irreparable harm, we lack jurisdiction to review the petition.

Petition dismissed.

FOOTNOTES

1.   The foster care placement is with the foster parents who cared for the child for the year after he was adjudicated dependent, and who have indicated their willingness to adopt the child.

HENDON, J.