Pro-Karting Experience, Inc. v. 34th Street, LLC
In a commercial lease dispute, the tenant sought certiorari review of a writ of possession and an earlier order granting partial summary judgment requiring payment of $104,409.75 in property taxes. The Second District dismissed the challenge to the writ as moot (the trial court had declared it void ab initio) and dismissed the challenge to the partial summary judgment order as untimely, holding that a motion for rehearing directed to a nonfinal order is unauthorized and does not toll rendition for purposes of the 30-day certiorari deadline.
Key facts
- Tenant Pro-Karting Experience, Inc. sought certiorari review of a writ of possession and a partial summary judgment order requiring payment of $104,409.75 in property taxes in a commercial lease dispute with landlord 34th Street, LLC.
- The trial court granted partial summary judgment requiring the tenant to pay property taxes by a certain date and later issued a writ of possession; the tenant filed a motion for rehearing on the nonfinal partial summary judgment order, then filed a certiorari petition roughly three months after the order was rendered.
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Why it matters
This opinion narrows the East Avenue/Innovision/Team Richco exception, making clear that certiorari review of a partial summary judgment ordering payment is available only when the order actually authorizes execution… — full analysis with a trial
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