Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

What is a petition for writ of certiorari in a Florida family law case? This is a pleading filed with a higher court, known as the appellate court, which reviews the trial court’s decisions. In order to obtain a writ of certiorari, the petitioner has to show (1) a material injury in the proceedings that cannot be corrected on appeal (sometimes referred to as irreparable harm); and (2) a departure from the essential requirements of the law. This was at issue in the case Stivelman v. Stivelman, 3D20-136 (Fla. 3d DCA July 8, 2020).

The parties were involved in post-divorce proceedings in which the former wife accused the former husband of under reporting his income and assets in their original divorce proceedings. To support her claim, the former wife filed notice of intent to issue subpoenas to certain non-parties who may have had business dealings with the former husband. After the non-parties objected, the court held a hearing and determined the subpoenas should be quashed. Despite this, the former wife attempted to subpoena the same entities again close to the parties’ trial date. The entities then filed another motion objecting to production and requested sanctions against the former wife for her failure to heed the court’s previous order on this issue. The trial court granted the motion and awarded sanctions against the former wife.

The former wife sought certiorari review in the appellate court of this order, and her petition was denied. The court held “The Former Wife has not shown that the protective orders will cause her irreparable harm or that the trial court's decision to modify an alimony award could not be corrected on appeal. The record shows that the Former Wife has attempted to circumvent the trial court's orders regarding the documents she seeks from the Third Parties, that she has delayed the proceedings, and that she has not sought the specific and narrowly tailored discovery from the former husband as she was instructed to do by the trial court. Absent irreparable harm, that is, a material injury in the proceedings that cannot be corrected on appeal, this Court is without certiorari jurisdiction. [internal citation omitted] We therefore dismiss the petition for certiorari.”

Following court orders and procedure is important in your Florida family law case. Schedule a consultation with a Miami family law attorney to learn how the law may apply to your case.