03-1259 CAPO V. BERG

State: Florida

Court: Florida Third District Court

Docket No: 03-1259 CAPO V. BERG

Case Date: 07/02/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2003

JULIO C. CAPO, Petitioner, vs. DONALD L. BERG, et al., Respondents.

** ** ** ** ** CASE NO. 3D03-1259 99-29885

LOWER CASE NO.

Opinion filed July 2, 2003. A Petition for Writ of Certiorari to the Circuit Court for Miami-Dade County, Jennifer Bailey, Judge. Brian W. Pariser, and Nelson C. Keshen, for petitioner. Jeffrey B. Crockett; and Pete DeMahy; and Arnold R. Ginsberg, and Paul H. Bass, for respondents. Before LEVY, RAMIREZ, and WELLS, JJ. PER CURIAM. Petitioner seeks a writ of certiorari to prevent the discovery of an agreement entered into at a mediation in a separate action between the petitioner and a co-defendant. This agreement was

already the subject of two prior petitions for writ of certiorari, in case numbers 3D03-452 and 3D03-438, which resulted in the denial

of the petitions.

Although the petitioner argues that those two

prior petitions were denied without a written opinion and thus do not constitute either res judicata or the law of the case, we decline, in the exercise of our discretion, to contemplate a third petition. We therefore deny the petition in this case. order is hereby lifted. The prior stay

The motion to appear as amicus curiae

filed by the Florida Academy of Professional Mediators, Inc. is denied as moot.

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