From Casetext: Smarter Legal Research

Adorno & Yoss, LLP v. Soltero

District Court of Appeal of Florida, Third District.
Feb 12, 2014
133 So. 3d 1124 (Fla. Dist. Ct. App. 2014)

Opinion

No. 3D13–2900.

2014-02-12

ADORNO & YOSS, LLP, l/k/a Yoss, LLP, n/k/a Liquidating Law Firm, LLP, Steven D. Ginsburg a/k/a Steven David Ginsburg and Neil Preston Linden, Petitioners, v. Manuel SOLTERO, Respondent.

On Petition for Writ of Certiorari to the Circuit Court for Miami–Dade County, John W. Thornton, Judge. Kaplan Zeena, LLP, and James M. Kaplan, Laura C. Douglas and Kimberly S. Heifferman, for petitioners. Miller & Webner, P.A., and Dale F. Webner, Weston, for respondent.


On Petition for Writ of Certiorari to the Circuit Court for Miami–Dade County, John W. Thornton, Judge.
Kaplan Zeena, LLP, and James M. Kaplan, Laura C. Douglas and Kimberly S. Heifferman, for petitioners. Miller & Webner, P.A., and Dale F. Webner, Weston, for respondent.
Before LAGOA, SALTER and LOGUE, JJ.

LAGOA, J.

Petitioners, Adorno & Yoss, LLP, l/k/a Yoss, LLP, n/k/a Liquidating Law Firm, LLP, Steven D. Ginsburg a/k/a Steven David Ginsburg and Neil Preston Linden, petition this Court for a writ of certiorari, seeking to quash the trial court's order denying their motion for determination of plaintiff's burden of proof in a legal malpractice case. Because the petitioners have failed to meet the threshold requirement of showing that the trial court's order creates irreparable harm, we dismiss the petition for writ of certiorari for lack of jurisdiction. See Bd. of Trs. of the Internal Improvement Trust Fund v. Am. Educ. Enters., LLC, 99 So.3d 450, 454–55 (Fla.2012) (stating that irreparable harm is a condition precedent to invoking a district court's certiorari jurisdiction); Jaye v. Royal Saxon, Inc., 720 So.2d 214, 215 (Fla.1998) (“[I]t is settled law that, as a condition precedent to invoking a district court's certiorari jurisdiction, the petitioning party must establish that it has suffered an irreparable harm that cannot be remedied on direct appeal.”); Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 896 So.2d 779 (Fla. 1st DCA 2004).

Accordingly, the petition for writ of certiorari is dismissed for lack of jurisdiction.


Summaries of

Adorno & Yoss, LLP v. Soltero

District Court of Appeal of Florida, Third District.
Feb 12, 2014
133 So. 3d 1124 (Fla. Dist. Ct. App. 2014)
Case details for

Adorno & Yoss, LLP v. Soltero

Case Details

Full title:ADORNO & YOSS, LLP, l/k/a Yoss, LLP, n/k/a Liquidating Law Firm, LLP…

Court:District Court of Appeal of Florida, Third District.

Date published: Feb 12, 2014

Citations

133 So. 3d 1124 (Fla. Dist. Ct. App. 2014)

Citing Cases

Collection, LLC v. Jaguar Land Rover North America, LLC

Because Petitioner has failed to meet the threshold requirement of showing DOAH's orders create irreparable…