context: The homeowners contend that the above homestead exemption protects them from a forced sale of their homestead, and therefore, the trial court properly granted their motion for summary judgment as to FM's claim for specific performance. The homeowners are, however, incorrect, and the trial court's order constitutes a clear departure from the essential requirements of law, resulting in material injury that cannot be remedied on direct appeal.
citation_a.signal: see also
citation_a.identifier: 980 So.2d 580, 586
citation_a.parenthetical: concluding that a partial summary judgment eliminating a plaintiffs claim for specific performance of a land sale contract permits the. landowner to freely dispose of the land prior to appellate review, thereby potentially leaving the plaintiff with no adequate remedy on appeal because, due to the uniqueness of all land, monetary damages are an inadequate remedy
citation_a.sentence: See Rodriguez v. Miami-Dade Cnty., 117 So.3d 400, 406 (Fla.2013) (providing, that a jurisdictional requirement of certiorari review is that the order to be reviewed must give rise to material injury that cannot be remedied on plenary appeal); Sorena v. Gerald J. Tobin, P.A., 47 So.3d 875, 877 (Fla. 3d DCA 2010); see also Bermont Lakes, LLC v. Rooney, 980 So.2d 580, 586 (Fla. 2d DCA 2008) (concluding that a partial summary judgment eliminating a plaintiffs claim for specific performance of a land sale contract permits the. landowner to freely dispose of the land prior to appellate review, thereby potentially leaving the plaintiff with no adequate remedy on appeal because, due to the uniqueness of all land, monetary damages are an inadequate remedy).
citation_b.signal: see
citation_b.identifier: 117 So.3d 400, 406
citation_b.parenthetical: providing, that a jurisdictional requirement of certiorari review is that the order to be reviewed must give rise to material injury that cannot be remedied on plenary appeal
citation_b.sentence: See Rodriguez v. Miami-Dade Cnty., 117 So.3d 400, 406 (Fla.2013) (providing, that a jurisdictional requirement of certiorari review is that the order to be reviewed must give rise to material injury that cannot be remedied on plenary appeal); Sorena v. Gerald J. Tobin, P.A., 47 So.3d 875, 877 (Fla. 3d DCA 2010); see also Bermont Lakes, LLC v. Rooney, 980 So.2d 580, 586 (Fla. 2d DCA 2008) (concluding that a partial summary judgment eliminating a plaintiffs claim for specific performance of a land sale contract permits the. landowner to freely dispose of the land prior to appellate review, thereby potentially leaving the plaintiff with no adequate remedy on appeal because, due to the uniqueness of all land, monetary damages are an inadequate remedy).