From Casetext: Smarter Legal Research

Majestic Sun Owners' v. Fla. Condos

District Court of Appeal of Florida, First District
Mar 10, 2005
895 So. 2d 534 (Fla. Dist. Ct. App. 2005)

Summary

noting that a certiorari petition should be dismissed if there has been an insufficient showing of irreparable harm or material injury that cannot be remedied on appeal

Summary of this case from Pool v. Bunger

Opinion

No. 1D04-1625.

March 10, 2005.

Petition for Writ of Certiorari — Original Jurisdiction.

Leslie D. Sheekley, Esq. and Karen L. Arnett, Esq. of Chesser Barr, P.A., Shalimar, for Petitioner.

Lorence Jon Bielby, Esq. and John K. Londot, Esq. of Greenberg, Traurig, P.A., Tallahassee for respondent Florida Condos I Limited Partnership

C. Jeffrey McInnis, Esq. and Lawrence Keefe, Esq. of Anchors, Foster, McInnis Keefe, P.A., Ft. Walton Beach for respondent Fairfield Resorts, Inc.

William S. Henry, Esq. of Burke Blue, P.A., Panama City for respondent Seascape Resorts, Inc.

Thomas J. Roehn, Esq. of Carlton Fields, P.A., Tampa for respondent Fairfield Resorts, Inc.

Bruce D. Partington, Esq. of Clark, Partington, Hart, Larry, Bond Stackhouse, Pensacola for respondents Florida Condos I Limited Partnership, Florida Development Group, LLC, and Housing Developers, IV, LLC.


We DENY the petition for writ of certiorari on the merits to the extent that petitioner argues that the trial court departed from the essential requirements of law in dissolving a notice of lis pendens. We DISMISS the petition to the extent that petitioner argues that the trial court erred in denying its request to amend its complaint as to certain counts. See Bared Co. v. McGuire, 670 So.2d 153, 157 (Fla. 4th DCA 1996) (holding that a petition for writ of certiorari should be dismissed if there has been an insufficient showing of irreparable harm and should be denied when it is determined that an order did not depart from the essential requirements of law); see also Venus Labs., Inc. v. Katz, 573 So.2d 993, 994 (Fla. 3d DCA 1991); Sciabbarrasi v. Uddo, 466 So.2d 19, 20 (Fla. 5th DCA 1985); Hawaiian Inn of Daytona Beach Inc. v. Snead Constr. Corp., 393 So.2d 1201, 1201-02 (Fla. 5th DCA 1981).

WOLF, C.J., BARFIELD and LEWIS, JJ., concur.


Summaries of

Majestic Sun Owners' v. Fla. Condos

District Court of Appeal of Florida, First District
Mar 10, 2005
895 So. 2d 534 (Fla. Dist. Ct. App. 2005)

noting that a certiorari petition should be dismissed if there has been an insufficient showing of irreparable harm or material injury that cannot be remedied on appeal

Summary of this case from Pool v. Bunger
Case details for

Majestic Sun Owners' v. Fla. Condos

Case Details

Full title:MAJESTIC SUN OWNERS' ASSOCIATION, INC., etc., Petitioner, v. FLORIDA…

Court:District Court of Appeal of Florida, First District

Date published: Mar 10, 2005

Citations

895 So. 2d 534 (Fla. Dist. Ct. App. 2005)

Citing Cases

Trucap Grantor Trust 2010-1 v. Pelt

Ordinarily, an injury resulting from an order denying a motion to amend a complaint would be treated as one…

Pool v. Bunger

Due to the fact that Petitioner, Robert Pool, has also filed an appeal in which he raises the same arguments…