PUBLIX SUPER MARKETS, INC., vs ARIANE GUTIERREZ, etc.,

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Third District Court of Appeal State of Florida Opinion filed July 14, 2021. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D21-1141 Lower Tribunal No. 20-25168 ________________ Publix Super Markets, Inc., Petitioner, vs. Ariane Gutierrez, etc., Respondent. On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Carlos Lopez, Judge. Bleakley Bavol Denman & Grace, and Robert J. Grace, Jr., Grant W. Kindrick, and Victoria M. McLaughlin (Tampa); Shutts & Bowen LLP, and Jason Gonzalez and Amber S. Nunnally (Tallahassee); Wicker, Smith, O'Hara, McCoy & Ford, P.A., and Jason A. Glusman and William Bromley (Fort Lauderdale); Shutts & Bowen LLP, and Elise M. Engle (Tampa); Shutts & Bowen LLP, and Julissa Rodriguez, for petitioner. Stewart Tilghman Fox Bianchi & Cain, P.A., and Michael Levine and A. Dax Bello, for respondent. Before EMAS, LOGUE, and LOBREE, JJ. PER CURIAM. Dismissed. Fla. Power & Light Co. v. Cook, 277 So. 3d 263, 264 (Fla. 3d DCA 2019) (“To grant certiorari relief, there must be: ‘(1) a material injury in the proceedings that cannot be corrected on appeal (sometimes referred to as irreparable harm); and (2) a departure from the essential requirements of the law.’” (quoting Nader v. Fla. Dep’t of Highway Safety & Motor Vehicles, 87 So. 3d 712, 721 (Fla. 2012))). 2

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