Opinion
Case No. 4D01-4142
Opinion filed January 2, 2002
Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Lawrence L. Korda, Judge; L.T. Case No. 00-20597(58)(41).
Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., and William W. Booth, West Palm Beach, for appellant S.E.R. Isabel Julia-Miles of Isabel Julia-Miles, P.A., Boca Raton, for appellant R.P. Kathleen K. Pena of Law Offices of Seiler Sautter, Fort Lauderdale, for appellee.
In their petition for writ of certiorari, petitioners seek review of the circuit court's order denying their motion to dismiss the underlying domestic violence injunction proceedings. In those proceedings, the circuit court entered a temporary award of custody. Petitioners moved to dismiss the injunction proceedings based on the pendency of a dependency action in Palm Beach County, in which a custody order was entered contrary to the custody award below. Petitioners correctly argue, and respondent agrees, that the circuit court below may not enforce its custody award because precedence is given to the custody orders entered in the dependency case. See §§ 39.013(4), 39.521(3)(b)1., Fla. Stat. (2001); Fla. R. Juv. P. 8.260(d). However, petitioners have failed to establish that the circuit court's denial of the motion to dismiss causes them the irreparable harm necessary for certiorari review. See Bared Co., Inc. v. McGuire, 670 So.2d 153, 156 (Fla. 4th DCA 1996). There is no indication that the circuit court below is refusing to comply with the statutory precedence provisions; the court appears to be proceeding only with injunction matters which do not include the enforcement of the court's custody award. Thus, there is no indication that petitioners are suffering irreparable harm as a result of the denial of the motion to dismiss.
The dependency case has since been converted to one for termination of parental rights.
We therefore, dismiss the petition for writ of certiorari.
GUNTHER, STONE and HAZOURI, JJ., concur.