WALKER v. TEKERMAN (2021)

District Court of Appeal of Florida, Third District.

Anthony Scott WALKER, Appellant(s)/Petitioner(s), v. Gregg TEKERMAN, Appellee(s)/Respondent(s).

CASE NO.: 3D21-2347

Decided: December 07, 2021

Petitioner seeks certiorari review of the trial court's November 10, 2021, order denying his motion for judgment on the pleadings. The Court dismisses the Petition for Writ of Certiorari because Petitioner is unable to establish the requisite irreparable harm to invoke this Court's certiorari jurisdiction. See Citizens Prop. Ins. Co. v. San Perdido Ass'n, Inc., 104 So. 3d 344, 352 (Fla. 2012) (“(I)t is generally inappropriate for district courts to review an order denying a motion to dismiss, aside from those specified under rule 9.130, since certiorari review is intended to fill the interstices between direct appeal and the other prerogative writs and allow a court to reach down and halt a miscarriage of justice where no other remedy exists; it was never intended to redress mere legal error.”) (internal citations omitted).

SCALES, MILLER and BOKOR, JJ., concur.

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