Davis v. Hillsborough County

DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
JONATHAN G. DAVIS,
Appellant,
v.
HILLSBOROUGH COUNTY, a political subdivision of the State
of Florida,
Appellee.
No. 2D2024-1827
January 16, 2026
Appeal from the County Court for Hillsborough County; Richard A. Weis,
Judge.
Payton S. McCann and Michael R. DeFeudis of McCann Legal, P.A.,
Miami, for Appellant.
Kenneth C. Pope, Senior Assistant County Attorney, Tampa, for Appellee.
KHOUZAM, Judge.
We treat this direct appeal of a nonfinal prejudgment civil contempt
order as a petition for writ of certiorari. See Fla. R. App. P. 9.040(c) ("If a
party seeks an improper remedy, the cause must be treated as if the
proper remedy had been sought; provided that it will not be the
responsibility of the court to seek the proper remedy."); see, e.g., Menke

2
v. Wendell, 188 So. 3d 869, 871 (Fla. 2d DCA 2015) ("[A] prejudgment
civil contempt order entered in an ongoing proceeding is subject to
certiorari review.").
As the petition fails to establish a departure from the essential
requirements of the law, we must deny it. See Menke, 188 So. 3d at 871.
Denied.
BLACK and ROTHSTEIN-YOUAKIM, JJ., Concur.
__________________________
Opinion subject to revision prior to official publication.