Geopath Property Holdings, LLC v. Diego R. Espinosa

2025-1963Fladistctapp3

Full text

Third District Court of Appeal
State of Florida
Opinion filed December 17, 2025.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D25-1963
Lower Tribunal No. 25-7909-CA-01
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Geopath Property Holdings, LLC,
Petitioner,
vs.
Diego R. Espinosa,
Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade
County, Lourdes Simon, Judge.
Mark Ferrer & Hayden and Maia Aron and Ashley Saul, for petitioner.
Block & Scarpa and Michael Kissner, Jr., (Vero Beach), for respondent.
Before EMAS, GORDO and LOBREE, JJ.
PER CURIAM.
Dismissed. See Universal Handicraft, Inc. v. Cohen, 393 So. 3d 834,
2
835 (Fla. 3d DCA 2024) (“The petition is dismissed for failure to establish the
first, and jurisdictional, requirement for certiorari, namely that the order under
review will cause material and irreparable injury that cannot be corrected on
appeal.”); Walgreen Co. v. Rubin, 229 So. 3d 418, 420–21 (Fla. 3d DCA
2017) (“A writ of certiorari is an extraordinary type of relief that is granted in
very limited circumstances. To be entitled to certiorari, the petitioner is
required to establish the following three elements: (1) a departure from the
essential requirements of the law, (2) resulting in material injury for the
remainder of the case (3) that cannot be corrected on postjudgment appeal.
The last two elements, often referred to as ‘irreparable harm,’ are
jurisdictional. If a petition fails to make a threshold showing of irreparable
harm, this Court will dismiss the petition.” (quoting Coral Gables Chiropractic
PLLC v. United Auto. Ins. Co., 199 So. 3d 292, 294 (Fla. 3d DCA 2016)));
Rodriguez v. Miami-Dade Cnty., 117 So. 3d 400, 405 (Fla. 2013) (stating
“that the continuation of litigation and any ensuing costs, time, and effort in
defending such litigation does not constitute irreparable harm”).

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