Dodd Chiropractic Clinic, P.A. A/A/O Tracy Davis v. USAA Casualty Insurance Company
CourtDistrict Court of Appeal of Florida
Date FiledFebruary 12, 2021
Docket1D21-0220
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D21-0220
_____________________________
DODD CHIROPRACTIC CLINIC,
P.A. a/a/o Tracy Davis,
Petitioner,
v.
USAA CASUALTY INSURANCE
COMPANY,
Respondent.
_____________________________
Petition for Writ of Certiorari—Original Jurisdiction.
February 12, 2021
PER CURIAM.
Petitioner filed a petition for writ of certiorari in the circuit
court, Fourth Judicial Circuit, challenging an order from the
Duval County Court, which denied Petitioner discovery. As of
January 1, 2021, section 26.012, Florida Statutes, was amended
to remove a circuit court’s jurisdiction to hear most appeals from
the county courts. Ch. 2020-61, § 3, Laws of Florida. As such,
the circuit courts also lost jurisdiction to issue extraordinary
writs in those same cases. See Dep’t of Health, Bd. of Dentistry v.
Barr, 882 So. 2d 501, 501 (Fla. 1st DCA 2004) (“The circuit court
does not have jurisdiction to issue an extraordinary writ if it does
not have direct appellate jurisdiction over the subject matter.”). ∗
The petition was transferred to this court.
As Petitioner has not established any irreparable harm, the
petition for writ of certiorari is dismissed. See CQB, 2010, LLC v.
Bank of New York Mellon, 177 So. 3d 644, 645 (Fla. 1st DCA
2015).
DISMISSED.
BILBREY, WINOKUR, and NORDBY, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Robert Morris of Eiffert & Associates, P.A., Orlando, for
Petitioner.
Rebecca Delaney and Scott W. Dutton of Dutton Law Group, P.A.,
Jacksonville, for Respondent.
∗
The circuit courts retain appellate jurisdiction, and
therefore extraordinary writ jurisdiction, in a variety of cases.
See Office of the State Courts Administrator, Changes to County
Court Appeals (effective January 1, 2021),
https://www.flcourts.org/Know-Your-Court (last visited Feb. 2,
2021).
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