Opinion
No. 1D19-2516
05-27-2021
SYNOT CONSTRUCTION, LLC, d/b/a Synot Roofing and Construction, LLC, Petitioner, v. Scottie M. PAGE and Mary Page, Respondents.
Noel G. Lawrence, Jacksonville, for Petitioner. Donald L. Dempsey, II, Jacksonville, for Respondents.
Noel G. Lawrence, Jacksonville, for Petitioner.
Donald L. Dempsey, II, Jacksonville, for Respondents.
Per Curiam.
DENIED . See English v. McCrary , 348 So. 2d 293, 297 (Fla. 1977) ("Prohibition lies to prevent an inferior tribunal from acting in excess of jurisdiction but not to prevent an erroneous exercise of jurisdiction."); Mandico v. Taos Const., Inc. , 605 So. 2d 850, 854 (Fla. 1992) ("The writ is very narrow in scope and operation and must be employed with caution and utilized only in emergency cases to prevent an impending injury where there is no other appropriate and adequate legal remedy."); see also id. (noting that where a person has a right of action in circuit court, the court has jurisdiction to entertain the suit); cf. Citizens Prop. Ins. Corp. v. San Perdido Ass'n, Inc. , 104 So. 3d 344, 355 (Fla. 2012) (rejecting "continuation of defending a lawsuit" as basis for showing irreparable harm); DeSantis v. Fla. Educ. Ass'n , 313 So. 3d 151, 154 (Fla. 1st DCA 2020) ("Frustrating as this might be, the time and expense of defending a case, in the face of a denial of dismissal that the defendant fervently believes is erroneous, is not the type of harm that can support certiorari.").
Osterhaus, Jay, and Tanenbaum, JJ., concur.