HARRY PEPPER & ASSOCIATES, INC., A FLORIDA CORPORATION, LEWIS BASS, AND CHARLES L. WEISBERG, PETITIONERS,
v.
CITY OF CAPE CORAL, FLORIDA, A MUNICIPAL CORPORATION, DON GRAF, MAYOR, AND DONALD ROBERTS, PAUL L. FICKINGER, EDWARD C. COLEMAN, ARNOLD WEISBERG, GARY L. HINOTE, LYMAN J. MOORE AND HUGH GAMBLE, JR., COUNCILMEN, AS AND CONSTITUTING THE CITY COUNCIL OF THE CITY OF CAPE CORAL, FLORIDA, AND GULF CONTRACTING, INC., A FLORIDA CORPORATION, RESPONDENTS
PER CURIAM.
We originally requested a response to this petition for certiorari because we perceived the petition as containing substantial merit. However, upon consideration we note that the order refusing petitioners’ right to amend their complaint is interlocutory in nature, and petitioners will always have an adequate remedy to attack the propriety of the order by way of appeal from the final judgment. Pic v. Hoyt Development Co., Inc., 309 So. 2d 586 (Fla.2d DCA 1975); Wright v. Sterling Drugs, Inc., 287 So. 2d 376 (Fla.2d DCA 1973).
Accordingly, the petition for writ of certiorari is denied.
GRIMES, C. J., and HOBSON and BOARDMAN, JJ., concur.
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Trucap Grantor Tr. 2010-1 v. Pelt, 84 So. 3d 369 (Fla. 2d DCA 2012)…eated as one that could be remedied by an appeal from the final judgment and not subject to certiorari review. See, e.g., Skyrme v. R.J. Reynolds Tobacco Co., 75 So. 3d 769, 771 (Fla. 2d DCA 2011); Harry Pepper & Assocs., Inc. v. City of Cape Coral, 369 So. 2d 969, 970 (Fla. 2d DCA 1979); Majestic Sun Owners’ Ass’n, Inc. v. Fla. Condos I Ltd. P’ship, 895 So. 2d 534, 534 (Fla. 1st DCA 2005). But see Surette v. Galiardo, 309 So. 2d 253, 253 (Fla. 4th DCA 1975) (determining that, due to the “special circumstance…
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Harry Pepper & Assocs., Inc. v. City OF Cape Coral, 429 So. 2d 97 (Fla. 2d DCA 1983)…Pepper & Associates v. City of Cape Coral, 366 So. 2d 893 (Fla. 2d DCA [*99] 1978), and denied certiorari on the ground that appellants would have an adequate remedy by appeal from the final judgment, Harry Pepper & Associates v. City of Cape Coral, 369 So. 2d 969 (Fla. 2d DCA 1979). Ultimately, this case proceeded to trial before Judge Thompson, who ruled that this case was moot and therefore dismissed it with prejudice. This appeal followed timely. Although appellants take their appeal from the final judg…
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Charleen Skyrme v. R.J. Reynolds Tobacco Co., 75 So. 3d 769 (Fla. 2d DCA 2011)…the essential requirements of the law.”). The law generally holds that the denial of a motion to amend is not reviewable by certiorari because the error is later reviewable on plenary appeal. See, e.g., Harry Pepper & Assocs. v. City of Cape Coral, 369 So. 2d 969, 970 (Fla. 2d DCA 1979); Hawaiian Inn of Daytona Beach, Inc. v. Snead Constr. Corp., 393 So. 2d 1201, 1202 (Fla. 5th DCA 1981). There is essentially no longer a substantive claim in the circuit court because the personal injury claim cannot survive…
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- Wright v. Sterling Drugs, Inc., 287 So. 2d 376 (Fla. 2d DCA 1973)
- Laurent PIC and Mary Ann Pic v. Hoyt Dev. Co., Inc., 309 So. 2d 586 (Fla. 2d DCA 1975)