Opinion
No. 1D23-0267.
05-03-2023
Niles B. WHITTEN, Petitioner, v. Deborah CLARK, Tremeka Johnson, and Meago McGriff, individually and as Personal Representatives of the Estate of Patricia Jones, Respondents.
Stephen R. Smith , Gainesville, for Petitioner. Miriam R. Coles , of Henry Buchanan, P.A., Tallahassee, for Respondents.
Stephen R. Smith , Gainesville, for Petitioner.
Miriam R. Coles , of Henry Buchanan, P.A., Tallahassee, for Respondents.
B.L. THOMAS, J.
The Court dismisses the petition for writ of certiorari for lack of jurisdiction. Petitioner fails to show irreparable harm. See State v. Garcia, 350 So.3d 322, 323 (Fla. 2022) (holding that the trial court's order compelling a smartphone's passcode did not cause the defendant irreparable harm where, although it might materially injure his defense at trial, the defendant could adequately remedy the potential material injuries on appeal from the final order); Foster v. State, 326 So.3d 1192, 1194-95 (Fla. 1st DCA 2021) (holding that the petitioner failed to show that he was irreparably harmed by a trial court's order compelling his smartphone's passcode over his Fifth Amendment objection because the petitioner could raise his arguments on direct appeal or in a motion to suppress). Unlike in Foster, Petitioner has not even been charged and may never be charged. Because Petitioner's claim for certiorari relief fails to show irreparable harm, the Court lacks jurisdiction to grant him the relief he seeks.
DISMISSED.
Winokur and Long, JJ., concur.