CITY OF FREEPORT v. PODRAZA (2022)

The circuit court denied the City of Freeport's motion for summary judgment. The City then petitioned for a writ of certiorari from this Court to quash the order denying summary judgment.

“In order to be entitled to certiorari relief from the denial of a motion for summary judgment, the petitioner must establish three elements: (1) the ruling ‘depart[s] from the essential requirements of the law, (2) resulting in material injury for the remainder of the case (3) that cannot be corrected on postjudgment appeal.’ ” Rodriguez v. Miami-Dade Cty., 117 So. 3d 400, 404 (Fla. 2013) (quoting Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011)). “The last two elements [of the three above] are jurisdictional and must be analyzed before the court may even consider the first element.” Williams, 62 So. 3d at 1132. This “threshold jurisdiction question” analyzes what is “otherwise termed as irreparable harm.” Rodriguez, 117 So. 3d at 404.

Because we find that the City has not demonstrated irreparable harm under this standard, we dismiss the petition.

Dismissed.

Per Curiam.

Makar, Winokur, and Long, JJ., concur.