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. BungerOpinion
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.