Fla. Dep't of Health v. Smith

Full title: Florida Department of Health and Dr. Joseph Ladapo, in his official…

Court: Florida Court of Appeals, First District

Date published: Oct 12, 2022

No. 1D22-334 (Fla. Dist. Ct. App. Oct. 12, 2022)

Opinion

1D22-334

10-12-2022

Florida Department of Health and Dr. Joseph Ladapo, in his official capacity as State Surgeon General and State Health Officer of the Florida Department of Health, Petitioners, v. Carlos Guillermo Smith and Florida Center for Government Accountability, Inc., Respondents, and The Associated Press, The First Amendment Foundation, Gannett Co., Inc., The McClatchy Company, LLC d/b/a The Miami Herald, The New York Times Company, Scripps Media, Inc., Sun-Sentinel Company, LLC, Times Publishing Co. and WP Company, LLC, Intervenor Respondents.

Erik M. Figlio, Ruth E. Vafek, and Alexandra E. Akre, of Ausley McMullen, Tallahassee, for Petitioners. Andrea Flynn Mogensen, of Law Office of Andrea Flynn Mogensen, Sarasota; Victor L. Chapman and R. Steven Ruta, of Barrett, Chapman & Ruta, P.A., Orlando, for Respondents. Mark R. Caramanica, Carol Jean LoCicero, and Linda R. Norbut, of Thomas & LoCicero PL, Tampa, for Intervenor Respondents.

PER CURIAM

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Petition for Writ of Certiorari-Original Jurisdiction.

Erik M. Figlio, Ruth E. Vafek, and Alexandra E. Akre, of Ausley McMullen, Tallahassee, for Petitioners.

Andrea Flynn Mogensen, of Law Office of Andrea Flynn Mogensen, Sarasota; Victor L. Chapman and R. Steven Ruta, of Barrett, Chapman & Ruta, P.A., Orlando, for Respondents.

Mark R. Caramanica, Carol Jean LoCicero, and Linda R. Norbut, of Thomas & LoCicero PL, Tampa, for Intervenor Respondents.

PER CURIAM

The Florida Department of Health and State Surgeon General seek certiorari review of an order denying their motion for a protective order as to the deposition of a corporate representative in a public records lawsuit. Because the petition does not demonstrate that the order would result in irreparable harm to the petitioners, the petition is Dismissed. See Univ. of Fla. Bd. of Trs. v. Carmody, 331 So.3d 236, 237 (Fla. 1st DCA 2021) (conditioning certiorari jurisdiction upon a showing of irreparable harm which cannot be corrected on direct appeal).

Ray, Osterhaus, and Nordby, JJ., concur.