HENRY JOHNSON, ETC., ET AL., PETITIONERS,
v.
JOHN D. HENNINGSON, ETC., ET AL., RESPONDENTS
PER CURIAM.
The trial court denied petitioners’ motion to dismiss the second amended complaint in a wrongful death case. Clearly this alleged error, if any, can be adequately remedied on plenary appeal. We have repeatedly held that this court will not grant certiorari to review interlocutory orders under these circumstances. Chalfonte Development Corp. v. Beaudoin, 370 So. 2d 58, Fourth District Court of Appeal Case No. 78—2715, Opinion filed April 18,1979; 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 ANSTEAD and DAUKSCH, JJ., concur.
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Brown & Williamson Tobacco Corp. (as successor by merger to The Am. Tobacco Company) v. Grady Carter and Mildred Carter, 680 So. 2d 546 (Fla. 1st DCA 1996)…on appeal from a final order. Denial of a motion for summary judgment or a motion to dismiss will not be reviewed through certio-rari for this reason. See Vanco Const., Inc. v. Nucor Corp., 378 So. 2d 116 (Fla. 5th DCA 1980); Johnson v. Henningson, 370 So. 2d 60 (Fla. 4th DCA 1979), cert. denied and appeal dismissed, 383 So. 2d 1196 (Fla.1980). Petitioners argue that failure to correct this trial court error now will result in an unnecessary trial in this case and others because they will ultimately have to…
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Miami-Dade Cnty. v. Rodriguez, 67 So. 3d 1213 (Fla. 3d DCA 2011)…on appeal from a final order. Denial of a motion for summary judgment or a motion to dismiss will not be reviewed through certiorari for this reason. See Vanco Constr., Inc. v. Nucor Corp., 378 So. 2d 116 (Fla. 5th DCA 1980); Johnson v. Henningson, 370 So. 2d 60 (Fla. 4th DCA 1979), cert. denied and appeal dismissed, 383 So. 2d 1196 (Fla.1980).”). It was only by equating tort liability with immunity from suit that we accepted jurisdiction in Fente and later in Miller. See Wallace, 3 So. 3d at 1045 (referrin…
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Fla. Fish & Wildlife Comm'n v. Pringle, 770 So. 2d 696 (Fla. 1st DCA 2000)…4th DCA 1975). This reasoning has consistently been cited by the appellate courts of this state in declining to review denial of motions to dismiss by certiorari. See Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987); Johnson v. Henningson, 370 So. 2d 60 (Fla. 4th DCA 1979), and cases cited therein. Petitioner here seeks to avoid this result by contending that commercial fishermen could flood the trial courts of this state with a multiplicity of declaratory actions regarding various proposed nets. P…
Previewing 3 of 11 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)