Florida Power & Light Co. v. Thomas (838 So. 2d 1240, 2003)

PER CURIAM.

Petitioners seek review, by a petition for common law certiorari, of a trial court order denying their motion for a protective order bifurcating class certification discovery from merits discovery, and staying merits discovery. Because they have failed to carry their burden of demonstrating that the order will result in irreparable injury, we dismiss the petition for lack of jurisdiction. See Bared & Co. v. McGuire, 670 So.2d 153 (Fla. 4th DCA 1996) (en banc) (holding that irreparable injury is a jurisdictional prerequisite to certiorari review); Topp Telecom, Inc. v. Atkins, 763 So.2d 1197 (Fla. 4th DCA 2000) (holding that parties seeking a protective order on the ground that the discovery requested would be unduly burdensome bear the burden of presenting evidence in the trial court to support that position).

PETITION FOR WRIT OF CERTIO-RARI DISMISSED.

BOOTH, WEBSTER and LEWIS, JJ., concur.