Barbara Fox and Caryn Bellus, of the Miami office, obtained an order from the Third District Court of Appeals dismissing a writ of certiorari in a construction defect lawsuit.

A writ was being sought by the appellant condominium association following the granting of partial summary judgment in our client’s favor. As a result of summary judgment, the majority of the associations claims were disposed, which is why appellants sought a writ to reverse summary judgment. Barbara and Caryn argued that because there was no irreparable harm, and there existed viable alternatives for the association to protect their interests (e.g., appeal at end of case, claims against other parties, etc.), such that certiorari should not be had. Following full briefing and oral argument, where at least one of the appellate judges did not appear to be siding with our arguments, the panel issued a unanimous order dismissing for lack of jurisdiction. With the writ dismissed and summary judgment remaining in effect, the remaining claims are likely worth less than the fees spent in seeking the writ of certiorari.