Course 9846

Certiorari review of discovery orders occupies one of the most nuanced and fast-moving areas of Florida appellate practice. This webinar will provide a practical roadmap for evaluating when extraordinary relief is available, identifying the types of discovery errors that can support certiorari jurisdiction, and effectively presenting or opposing petitions seeking immediate appellate review.

Learning Objectives

As a result of attending this seminar, the learner will be able to:

1. Identify the categories of discovery orders that are subject to certiorari review and distinguish them from orders reviewable only on plenary appeal.
2. Analyze the jurisdictional requirements for certiorari relief, including material injury, irreparable harm, and departure from the essential requirements of law.
3. Apply key Florida appellate rules, procedural deadlines, and leading case law governing petitions seeking review of discovery orders.
4. Develop effective strategies for drafting, opposing, and preserving issues related to certiorari petitions arising from discovery disputes.

FACULTY BIOGRAPHIES:

Adam Richardson, of West Palm Beach, is an appellate attorney with Burlington & Rockenbach, P.A., where he focuses on civil appellate litigation and trial support. Before entering private practice, Adam served as a judicial clerk to Judge Robert M. Gross of Florida’s Fourth District Court of Appeal, where he analyzed and prepared bench memoranda on hundreds of appellate cases. While attending law school, he served as Editor-in-Chief of the Journal of Transnational Law & Policy and interned for Judge Philip J. Padovano of the First District Court of Appeal, the Innocence Project of Florida, and Professor Dan Markel. A Palm Beach County native, Adam studied History and Russian Studies in college and spent two semesters studying in Moscow, Russia.

Duane Daiker, of Tampa, is a partner at Shumaker, Loop & Kendrick LLP. He is an experienced appellate advocate who regularly represents clients in Florida’s state and federal appellate courts, including the Florida Supreme Court, and frequently partners with trial counsel on appellate strategy and litigation support. In addition to his broad commercial and construction litigation practice, Duane has spent more than 25 years representing surety companies in payment, performance, and fiduciary bond disputes. He is a former Chair of the Appellate Practice Section of The Florida Bar and has served in numerous leadership roles within Florida’s appellate community, including on the Appellate Court Rules Committee and the Appellate Practice Certification Standing Committee. A graduate of the University of Florida and the University of Florida College of Law, where he served as Editor-in-Chief of the Florida Law Review, Duane also hosts the podcast “Issues on Appeal” and has taught legal studies as an adjunct professor since 1999