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St. Paul Guardian Ins. Co. v. Bukauskas

Citations: 867 So. 2d 1268; 2004 Fla. App. LEXIS 3502; 2004 WL 534817Docket: No. 5D03-3140

Court: District Court of Appeal of Florida; March 18, 2004; Florida; State Appellate Court

Narrative Opinion Summary

In this case, the St. Paul Guardian Insurance Company sought to appeal an order related to a settlement agreement with the plaintiffs. The order in question granted the plaintiffs' motion to set aside the settlement agreement, denied the insurance company's motion to enforce it, and rejected a petition for attorney’s fees and costs. The court ruled that the order was not a final order or appealable under the current legal standards. Additionally, the court considered whether to treat the appeal as a petition for writ of certiorari. However, it concluded that certiorari relief was not justified, as the order did not significantly deviate from the essential requirements of law or cause material injury that could not be addressed on appeal. The court emphasized that inconvenience or expense does not meet the threshold for certiorari relief. As a result, the court dismissed the appeal, denied the petition, and canceled the scheduled oral argument, with Judges Palmer and Orfinger concurring in the decision.

Legal Issues Addressed

Appealability of Orders

Application: The court determined that the order setting aside the settlement agreement is not a final order or otherwise appealable.

Reasoning: The court determined that the order in question is not a final order, partial final judgment, or otherwise appealable.

Criteria for Certiorari Relief

Application: The court evaluated the possibility of certiorari relief, emphasizing that such relief is only warranted when an order significantly deviates from the essential requirements of law and causes material injury.

Reasoning: The court also evaluated the possibility of treating the appeal as a petition for writ of certiorari, which is warranted only when an order significantly deviates from the essential requirements of law and causes material injury, leaving no adequate remedy on appeal.

Sufficient Harm for Certiorari Relief

Application: The court referenced prior rulings indicating that inconvenience or expense does not constitute sufficient harm for granting certiorari relief.

Reasoning: The court referenced prior rulings indicating that mere inconvenience or expense does not qualify as sufficient harm for certiorari relief.