Goslin v. Preisser

Decision Date29 October 2014
Docket NumberNo. 1D14–1608.,1D14–1608.
Citation148 So.3d 869
PartiesKaren GOSLIN, Former Wife, Appellant, v. Gregory James PREISSER, Former Husband, Appellee.
CourtFlorida District Court of Appeals

Michael B. Jones of The Wheelock Law Firm, LLC, Orlando, for Appellant.

Charles H. Williams, Panama City, for Appellee.

Opinion

PER CURIAM.

Appellant, the former wife, seeks review of a non-final order denying her motion to compel Appellee, the former husband, to undergo an independent psychosexual evaluation as part of an ongoing dispute over the timesharing schedule for the parties' three minor children. We do not have jurisdiction to review the order by appeal because the order did not determine the parties' timesharing rights. See Fla. R. App. P. 9.130(a)(3)(C)(iii) ; Pool v. Bunger, 43 So.3d 837, 838 (Fla. 1st DCA 2010). We do not have jurisdiction to review the order by certiorari because the order merely denies a discovery request and any resulting harm can be remedied on appeal. See Eutsay v. State, 103 So.3d 181, 182 (Fla. 1st DCA 2012) (“Unlike situations where a trial court erroneously compels the exchange of information (the proverbial ‘cat out of the bag’ orders), the harm done by the failure to provide information can be corrected on appeal in most cases.”); Boyd v. Pheo, Inc., 664 So.2d 294, 295 (Fla. 1st DCA 1995) ([T]his court has adhered to the view that orders having the effect of denying discovery are almost invariably not reviewable by certiorari because of the absence of irreparable harm.”). Accordingly, we dismiss this appeal for lack of jurisdiction.

DISMISSED.

PADOVANO, WETHERELL, and MAKAR, JJ., concur.

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6 cases
  • Marrero v. Rea
    • United States
    • Florida District Court of Appeals
    • March 5, 2021
    ...review denied , 2016 WL 1394470 (Fla. 2016) ; Damsky v. Univ. of Miami , 152 So. 3d 789, 792 (Fla. 3d DCA 2014) ; Goslin v. Preisser , 148 So. 3d 869 (Fla. 1st DCA 2014). "For a denial of discovery to constitute material, irreparable harm, thus conferring certiorari jurisdiction, the denial......
  • Farach v. Rivero
    • United States
    • Florida District Court of Appeals
    • October 30, 2019
    ...of the absence of irreparable harm." Boyd v. Pheo, Inc., 664 So. 2d 294, 295 (Fla. 1st DCA 1995) ; see also Goslin v. Preisser, 148 So. 3d 869, 870 (Fla. 1st DCA 2014) ("We do not have jurisdiction to review the order by certiorari because the order merely denies a discovery request and any......
  • Thompson v. Melange
    • United States
    • Florida District Court of Appeals
    • January 21, 2020
    ...must grant or terminate visitation rights or otherwise determine a party's right to immediate child custody. See Goslin v. Preisser , 148 So. 3d 869, 870 (Fla. 1st DCA 2014) ("We do not have jurisdiction to review the order by appeal because the order did not determine the parties' timeshar......
  • CQB, 2010, LLC v. Bank of N.Y. Mellon
    • United States
    • Florida District Court of Appeals
    • October 6, 2015
    ...because of the absence of irreparable harm." Boyd v. Pheo, Inc., 664 So.2d 294, 295 (Fla. 1st DCA 1995) ; see also Goslin v. Preisser, 148 So.3d 869, 870 (Fla. 1st DCA 2014) ("We do not have jurisdiction to review the order by certiorari because the order merely denies a discovery request a......
  • Request a trial to view additional results
1 books & journal articles
  • Certiorari Review of Orders Denying Discovery in Civil Cases.
    • United States
    • Florida Bar Journal Vol. 96 No. 3, May 2022
    • May 1, 2022
    ...DCA 2007) (trade secrets relating to voting machines in challenge to election result, sought by losing candidate); Goslin v. Preisser, 148 So. 3d 869 (Fla. 1st DCA 2014) (independent psychosexual evaluation of former husband); McCloud v. Tackett, 308 So. 3d 687 (Fla. 1st DCA 2020) (paper di......

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