HAMMONS v. HILL ROM COMPANY INC (2022)

District Court of Appeal of Florida, First District.

Tracey HAMMONS, Petitioner, v. HILL-ROM COMPANY, INC., a Foreign Corporation, and Southern Baptist Hospital of Florida, Inc., a Florida Corporation, d/b/a Baptist Medical Center Downtown, Respondents.

No. 1D22-0411

Decided: March 04, 2022

Terry D. Bork, Jacksonville, for Petitioner. Michael L. Forte of Rumberger, Kirk & Caldwell, P.A., Tampa, and Christopher R. Cashen of Dinsmore & Shohl LLP, Lexington, KY, for Respondent Hill-Rom Company, Inc.; Megan R. Heiden and Earl E. Googe, Jr., of Smith Hulsey & Busey, Jacksonville, for Respondent Southern Baptist Hospital of Florida, Inc.

Petitioner seeks a writ of certiorari to review the trial court's denial of a continuance of trial and other pretrial matters. Petitioner, who is currently proceeding pro se in the trial court, seeks a continuance so she may secure new counsel. The record reflects, however, that the trial court has afforded Petitioner the opportunity to renew her motion to continue by identifying an attorney who would take her case but for the April 11, 2022, trial date. In that event, the trial court could assess the attorney's intentions to take the case and re-evaluate the need for a continuance. In light of this available remedy, the Court finds that Petitioner has not shown irreparable harm. We dismiss the petition for lack of jurisdiction. See Landmark at Crescent Ridge LP v. Everest Financial, Inc., 219 So. 3d 218, 219 (Fla. 1st DCA 2017) (explaining that where the threshold requirement of irreparable harm is not established, the petition for writ of certiorari must be dismissed).

PER CURIAM.

LEWIS, KELSEY, and NORDBY, JJ., concur.

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