Victor Milanes v. Todd Hannon

Summary

The Third District Court of Appeal of Florida dismissed a petition for certiorari seeking to compel the trial court to rule before a runoff election on a challenge to a candidate’s eligibility. The court held that certiorari review was improper because no reviewable order had been entered and, in any event, the petitioners could not show irreparable harm because post-election relief was available.

Holdings

1. Certiorari review was improper because petitioners did not seek review of an order and an appellate court reviewing by certiorari may quash an order but may not direct the lower court to enter a specified order.
2. Petitioners did not demonstrate irreparable harm because a post-election legal remedy could provide the relief they sought if the candidate were ultimately found ineligible.

Questions Presented

1. Whether certiorari review was available to compel the circuit court to rule on a pending post-election challenge when the circuit court had not entered an order resolving that challenge.
2. Whether petitioners demonstrated irreparable harm warranting certiorari relief from the circuit court's deferral of the post-election challenge.

Disposition

dismissed