Summary
dismissing petition for certiorari review of order denying husband's motion to bifurcate issue of count to annul marriage and try that count first because husband failed to demonstrate irreparable harm
Summary of this case from Hartford Fire Ins. Co. v. SmithOpinion
No. 99-2692.
Opinion filed October 13, 1999.
Petition for writ of certiorari to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Roger B. Colton, Judge; L.T. No. CD 98-4797 FC.
Weiss Handler, Boca Raton, and Edna L. Caruso of Caruso, Burlington, Bohn Compiani, P.A., West Palm Beach, for petitioner.
No appearance for respondents.
We dismiss the petition for writ of certiorari, as the petitioner/husband has failed to show irreparable harm that cannot be remedied on plenary appeal. See Bared Co. v. McGuire, 670 So.2d 153 (Fla. 4th DCA 1996). Petitioner seeks relief from an order which denied his motion to bifurcate the issue of his count to annul the purported marriage, and to try that count first. While we are inclined to agree that such a procedure would not only serve judicial economy, but would also dramatically limit the parties' litigation costs, already in six figures, if the annulment were granted, we cannot say the trial court's denial was an abuse of discretion. Moreover, we have repeatedly held that time, trouble and expense of proceeding to trial, even if error is ultimately established, does not present that kind of irreparable harm that would invoke our certiorari jurisdiction. Siegel v. Abramowitz, 309 So.2d 234 (Fla. 4th DCA 1985); Continental Equities, Inc. v. Jacksonville Transp. Auth., 558 So.2d 154 (Fla. 1st DCA 1990).
DISMISSED.
STONE and KLEIN, JJ., concur.