Michael D. Lynch and Candence B. Lynch v. Deutsche Bank National Trust Company
The Third District dismissed a certiorari petition challenging an order limiting discovery in a foreclosure case, holding the petitioners failed to satisfy the jurisdictional irreparable-harm threshold. The court reiterated that irreparable injury can rarely be shown when discovery is denied because any error is generally reviewable on plenary appeal, and noted the trial court had permitted alternative means of obtaining relevant information. The underlying enforceability issue had already been resolved against the petitioners at every level of the federal courts.
Key facts
- The Lynches, appearing pro se, sought certiorari review of a Miami-Dade circuit court interlocutory order limiting the scope of discovery in a mortgage foreclosure action brought by Deutsche Bank National Trust Company.
- The targeted discovery went to whether Deutsche Bank was entitled to enforce a promissory note and mortgage Mr. Lynch executed years earlier in favor of New Century Mortgage Company.
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Holdings
- Certiorari relief requires a departure from the essential requirements of law resulting in material injury for the remainder of the case that cannot be corrected on postjudgment appeal; the…
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Why it matters
A concise but useful restatement of the asymmetry in certiorari review of discovery rulings: orders compelling disclosure of privileged or protected material can support cert relief, but orders denying or narrowing… — full analysis with a trial
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