SUSAN LYNCH, PETITIONER,
v.
CITY OF DEERFIELD BEACH, A MUNICIPAL CORPORATION, BROWARD AMBULANCE CORPORATION, A FLORIDA CORPORATION, D/B/A ATLANTIC INTERCITY AMBULANCE, AND NORTH BROWARD HOSPITAL DISTRICT, D/B/A NORTH BROWARD HOSPITAL, RESPONDENTS
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PER CURIAM.
By Petition for Certiorari we are asked to review an interlocutory order of the trial court denying petitioner’s motion to strike two affirmative defenses. One defense alleged the defendant’s liability, if any, was limited to $50,000 pursuant to Section 768.-28, Florida Statutes (1978), while the other defense alleged failure of the plaintiff to present the claim in writing to the Department of Insurance, pursuant to Section 768.28, Florida Statutes (1978).
It is abundantly clear that the error ascribed to the trial court’s ruling can be adequately rectified on plenary appeal. As we have repeatedly held, this court will not grant certiorari to consider alleged errors committed in interlocutory orders when an adequate remedy is available by plenary appeal. Chalfonte Development Corp. v. Beaudoin, 370 So. 2d 58 (Fla. 4th DCA 1979); Santini Brothers, Inc. v. Grover, 338 So. 2d 79 (Fla. 4th DCA 1976); Siegel v. Abramowitz, 309 So. 2d 234 (Fla. 4th DCA 1975); Solitron Devices, Inc. v. Reiland, 311 So. 2d 729 (Fla. 4th DCA 1975). See also: Esler v. Gabinet, 369 So. 2d 93 (Fla. 4th DCA 1979).
CERTIORARI DENIED.
DOWNEY, C. J., and CROSS and BERA-NEK, JJ., concur.
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Bowl Am. Fla., Inc. v. Schmidt, 386 So. 2d 1203 (Fla. 5th DCA 1980)…est to limit parties to post trial remedies if adequate. See Santini Brothers, Inc., v. Gro [*1205] ver, 338 So. 2d 79 (Fla. 4th DCA 1976); Chalfonte Development Corp. v. Beaudoin, 370 So. 2d 58 (Fla. 4th DCA 1979); Lynch v. City of Deerfield Beach, 369 So. 2d 1042 (Fla. 4th DCA 1979); Esler v. Gabinet, 369 So. 2d 93 (Fla. 4th DCA 1979). I concur with the majority opinion that the amendment of Florida Rule of Appellate Procedure, Rule 4.2, now superseded by Rule 9.130, limits interlocutory appeals to those ca…
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Burger Chef Sys., Inc. v. Burger Chef OF Fla., Inc., 375 So. 2d 8 (Fla. 4th DCA 1979)…exercise our discretion and deny the petition. Dickinson v. Stone, 251 So. 2d 268 (Fla.1971). With respect to certiorari, we determine there to be an adequate remedy upon plenary appeal and accordingly deny the petition. Lynch v. City of Deerfield, 369 So. 2d 1042 (Fla. 4th DCA 1979). PETITION FOR MANDAMUS/CER-TIORARI DENIED. DOWNEY, C. J., and LETTS and MOORE, JJ., concur.…
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Mingle v. State, 429 So. 2d 850 (Fla. 4th DCA 1983)…hold finding that certiorari is inappropriate be [*851] cause the defendant has a full, adequate and complete remedy on plenary appeal. See Chalfonte Development Corp. v. Beaudoin, 370 So. 2d 58 (Fla. 4th DCA 1979); Lynch v. City of Deerfield Beach, 369 So. 2d 1042 (Fla. 4th DCA 1979); Santini Brothers, Inc. v. Grover, 338 So. 2d 79 (Fla. 4th DCA 1976). HURLEY and DELL, JJ., concur. GLICKSTEIN, J., specially concurs with opinion.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Humphrey v. Seminole Cnty. Court, 309 So. 2d 234 (Fla. 4th DCA 1975)
- Santini Bros., Inc. v. Grover, 338 So. 2d 79 (Fla. 4th DCA 1976)
- Solitron Devices, Inc. v. Reiland, 311 So. 2d 729 (Fla. 4th DCA 1975)
- Edwards v. Lawyers Title Guar. Fund, 370 So. 2d 58 (Fla. 3d DCA 1979)
- Wenk v. Tsiotis, 370 So. 2d 58 (Fla. 4th DCA 1979)
- U-Tot-M OF Miami, Inc. v. City OF Miami Beach, 369 So. 2d 93 (Fla. 3d DCA 1979)
- Esler v. Gabinet, 369 So. 2d 93 (Fla. 4th DCA 1979)