Background
John Lawrence sought certiorari review of a final default judgment of foreclosure. He asked the Sixth District Court of Appeal to quash the judgment.
Lawrence also petitioned for a writ of prohibition to prevent the lower tribunal’s clerk from issuing a certificate of title while his objections to the foreclosure sale remained pending. The sale had occurred nearly two months earlier.
The Court’s Holding
The court dismissed the certiorari petition for two independent jurisdictional reasons. It explained that certiorari is available to review nonfinal orders that are not appealable under Florida Rule of Appellate Procedure 9.130 and final orders of circuit courts acting in their review capacity. Lawrence instead sought review of a final order from a circuit court that was not acting in its review capacity.
The certiorari petition was also untimely because Lawrence filed it more than thirty days after rendition of the judgment. The court denied prohibition because the record contained no evidence that the clerk intended to issue a certificate of title while Lawrence’s objections were pending or that the lower court was likely to order issuance before resolving them.
Key Takeaways
- Certiorari did not provide jurisdiction to review the final foreclosure order at issue.
- A certiorari petition must be filed within thirty days after rendition of the order being challenged.
- The record did not support Lawrence’s concern that a certificate of title would issue before his pending objections were resolved.
Why It Matters
The decision underscores that certiorari is not a substitute for an authorized and timely appeal of a final judgment. Litigants must select the proper avenue for appellate review and comply with the applicable filing deadline.
It also shows that prohibition will not issue based only on speculation about what a clerk or lower court might do, particularly when the record does not indicate that the feared action is likely before pending objections are decided.