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SYNOT CONSTRUCTION, LLC, d/b/a Synot Roofing and Construction, LLC, Petitioner, v. Scottie M. PAGE and Mary Page, Respondents.
Denied. See English v. McCrary, 348 So. 2d 293, 297 (Fla. 1977) (“Prohibition lies to prevent an inferior tribunal from acting in excess of jurisdiction but not to prevent an erroneous exercise of jurisdiction.”); Mandico v. Taos Const., Inc., 605 So. 2d 850, 854 (Fla. 1992) (“The writ is very narrow in scope and operation and must be employed with caution and utilized only in emergency cases to prevent an impending injury where there is no other appropriate and adequate legal remedy.”); see also id. (noting that where a person has a right of action in circuit court, the court has jurisdiction to entertain the suit); cf. Citizens Prop. Ins. Corp. v. San Perdido Ass'n, Inc., 104 So. 3d 344, 355 (Fla. 2012) (rejecting “continuation of defending a lawsuit” as basis for showing irreparable harm); DeSantis v. Fla. Educ. Ass'n, 313 So. 3d 151, 154 (Fla. 1st DCA 2020) (“Frustrating as this might be, the time and expense of defending a case, in the face of a denial of dismissal that the defendant fervently believes is erroneous, is not the type of harm that can support certiorari.”).
Per Curiam.
Osterhaus, Jay, and Tanenbaum, JJ., concur.
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Docket No: No. 1D19-2516
Decided: May 27, 2021
Court: District Court of Appeal of Florida, First District.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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