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Dodd Chiropractic Clinic, P.A. v. USAA Cas. Ins. Co.

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Feb 12, 2021
313 So. 3d 178 (Fla. Dist. Ct. App. 2021)

Opinion

No. 1D21-0220

02-12-2021

DODD CHIROPRACTIC CLINIC, P.A. a/a/o Tracy Davis, Petitioner, v. USAA CASUALTY INSURANCE COMPANY, Respondent.

Robert Morris of Eiffert & Associates, P.A., Orlando, for Petitioner. Rebecca Delaney and Scott W. Dutton of Dutton Law Group, P.A., Jacksonville, for Respondent.


Robert Morris of Eiffert & Associates, P.A., Orlando, for Petitioner.

Rebecca Delaney and Scott W. Dutton of Dutton Law Group, P.A., Jacksonville, for Respondent.

Per Curiam.

Petitioner filed a petition for writ of certiorari in the circuit court, Fourth Judicial Circuit, challenging an order from the Duval County Court, which denied Petitioner discovery. As of January 1, 2021, section 26.012, Florida Statutes, was amended to remove a circuit court's jurisdiction to hear most appeals from the county courts. Ch. 2020-61, § 3, Laws of Florida. As such, the circuit courts also lost jurisdiction to issue extraordinary writs in those same cases. See Dep't of Health, Bd. of Dentistry v. Barr , 882 So. 2d 501, 501 (Fla. 1st DCA 2004) ("The circuit court does not have jurisdiction to issue an extraordinary writ if it does not have direct appellate jurisdiction over the subject matter."). The petition was transferred to this court.

The circuit courts retain appellate jurisdiction, and therefore extraordinary writ jurisdiction, in a variety of cases. See Office of the State Courts Administrator, Changes to County Court Appeals (effective January 1, 2021), https://www.flcourts.org/Know-Your-Court (last visited Feb. 2, 2021).
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As Petitioner has not established any irreparable harm, the petition for writ of certiorari is dismissed. See CQB, 2010, LLC v. Bank of New York Mellon , 177 So. 3d 644, 645 (Fla. 1st DCA 2015).

DISMISSED .

Bilbrey, Winokur, and Nordby, JJ., concur.


Summaries of

Dodd Chiropractic Clinic, P.A. v. USAA Cas. Ins. Co.

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Feb 12, 2021
313 So. 3d 178 (Fla. Dist. Ct. App. 2021)
Case details for

Dodd Chiropractic Clinic, P.A. v. USAA Cas. Ins. Co.

Case Details

Full title:DODD CHIROPRACTIC CLINIC, P.A. a/a/o Tracy Davis, Petitioner, v. USAA…

Court:FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

Date published: Feb 12, 2021

Citations

313 So. 3d 178 (Fla. Dist. Ct. App. 2021)

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