Third District Court of Appeal
State of Florida
Opinion filed September 8, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-1248
Lower Tribunal No. 17-17252
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G4S Secure Solutions (USA), Inc., etc.,
Petitioner,
vs.
N.L. and Publix Super Markets, Inc.,
Respondents.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade
County, Valerie R. Manno Schurr, Judge.
Conrad & Scherer LLP, and Irwin R. Gilbert and Janine McGuire (Fort
Lauderdale), for petitioner.
Silva & Silva, P.A., and Carlos Silva and Paul Layne; Burlington &
Rockenbach, P.A., and Philip M. Burlington and Nichole J. Segal (West Palm
Beach), for respondent N.L.; Weiss Serota Helfman Cole & Bierman, P.L.,
and Edward G. Guedes and Laura K. Wendell, for respondent Publix Super
Markets, Inc.
Before LOGUE, SCALES, and LOBREE, JJ.
LOGUE, J.
In light of the fact that the trial court denied the Petitioner’s motion to
compel without prejudice, suggested a resolution involving an in-camera
review by the court, and indicated it was open to review the issue closer to
trial (and the trial date has not yet been set), we dismiss the petition seeking
certiorari review for lack of jurisdiction because the Petitioner has not shown
that the order under review creates irreparable harm. “The establishment of
irreparable harm is a condition precedent to invoking certiorari jurisdiction.”
Stockinger v. Zeilberger, 152 So. 3d 71, 73 (Fla. 3d DCA 2014) (“Seasoned
and respected trial judges, like the trial judge in this case, can be trusted to
manage this type of common discovery dispute. The trial judge has done it
before, and will undoubtedly do it faster, cheaper, and fairer without our
interference. It is premature for an appellate court to intervene.”).
Dismissed.
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