Synot Construction, LLC, D/B/A Synot Roofing and Construction, LLC v. Scottie M. Page and Mary Page
CourtDistrict Court of Appeal of Florida
Date FiledMay 27, 2021
Docket1D19-2516
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-2516
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SYNOT CONSTRUCTION, LLC,
d/b/a SYNOT ROOFING AND
CONSTRUCTION, LLC,
Petitioner,
v.
SCOTTIE M. PAGE and MARY
PAGE,
Respondents.
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Petition for Writ of Prohibition—Original Jurisdiction.
May 27, 2021
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.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Noel G. Lawrence, Jacksonville, for Petitioner.
Donald L. Dempsey, II, Jacksonville, for Respondents.
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