JOSEPH SCHEUER AND HARRIET RUBIN, PETITIONERS,
v.
RICHARD P. WILLE, SHERIFF OF PALM BEACH COUNTY, DALE ALLEN, AND WILLIAM F. HOWARD D/B/A HOWARD FUNERAL HOME, RESPONDENTS

Fla. 4th DCA | 1979-01-24
Nos. 78-1896, 78-2112
ANSTEAD and LETTS, JJ., concur.
370 So. 2d 1166 Florida District Court of Appeal, Fourth District (1979) Positive Treatment
Cited by 10 cases

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Synopsis

Plaintiffs sought interlocutory review by certiorari of a trial court's order striking their prayer for punitive damages, arguing that immediate review would save time and expense. The court denied the certiorari petition, holding that mere expediency does not establish jurisdiction for interlocutory review when full appellate review will be available after final judgment.


Holding

The court denied the certiorari petition, holding that mere expediency and judicial efficiency do not establish jurisdiction for interlocutory certiorari review. The plaintiffs will have full and adequate review of the contested order on appeal after final judgment, and therefore certiorari relief is not warranted.


Headnotes

[1] Common law certiorari jurisdiction is not enlarged by new rules of appellate procedure.

[2] Mere expediency or the desire to save time and expense does not form a basis for appellate jurisdiction by certiorari.

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Key Quotes

“The 1977 Rules of Appellate Procedure have not enlarged the certiorari jurisdiction of this Court. Mere expediency will not form a basis for jurisdiction for review by certiorari.”

Establishes that judicial efficiency alone cannot support interlocutory certiorari review

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Facts & Procedural History

In a civil action, the trial court granted a defense motion to strike the plaintiffs' prayer for punitive damages. The case remained pending on the is…

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Opinion of the Court
BERANEK, Judge.

BERANEK, Judge.

In this civil action the trial court granted a defense motion to strike the plaintiffs’ prayer for punitive damages. The case remains pending on the issue of actual damages. Plaintiffs seek review by way of consolidated petitions for common law certiorari. To establish jurisdiction plaintiffs allege:

“To proceed to trial only on the issue of actual damage might allow for appealing all issues ultimately, but the end results would be a waste of Plaintiffs’ and the Courts’ time and expense in resolving all of the issues of the ease.”

The 1977 Rules of Appellate Procedure have not enlarged the certiorari jurisdiction of this Court. Mere expediency will not form a basis for jurisdiction for review by certiorari. It is short sighted to assume that immediate appellate review of every interlocutory order would save everyone’s time, trouble and money. Had the trial court ruled differently and let the punitive damages count stand, the defendant would certainly have sought relief if expediency is the measure of jurisdiction. Indeed, almost every interlocutory order would be reviewed and more rather than less time would be expended.

By refusing certiorari review and returning this matter to trial, we are not unmindful of the plaintiffs’ problems. This issue was specifically addressed in Siegel v. Abramowitz, 309 So. 2d 234 (Fla. 4th DCA 1975). Plaintiffs herein probably have no real desire to try the case solely on compensatory or actual damages. However, it is certainly not impossible that such a trial would finally resolve this case. Plaintiff may not prevail in the case before the jury on compensatory damages or the parties may in some fashion settle their differences and all issues will then be removed from the Court’s consideration.

Rule 9.130 of the 1977 Revision of the Florida Appellate Rules deals with non-final orders. This Rule replaces the prior Rule on the subject and limits rather than broadens review of non-final orders. The Advisory Committee’s notes state:

“It is anticipated that since the most urgent interlocutory orders are appealable under this rule, there will be very few eases where common law certiorari will provide relief.”

This Court’s recent opinion in Professional Medical Specialties, Inc, v. Renfroe, 362 So. 2d 397 (Fla. 4th DCA 1978), states the position clearly. Therein, the Rule announced in Siegel v. Abramowitz, supra, was reaffirmed.

In the instant case it is clear that plaintiffs will be able to accomplish full and adequate review of the contested order on appeal after final judgment. Therefore, this Court does not assume jurisdiction to review this matter by common law certiorari, and the petitions therefore, are denied.

ANSTEAD and LETTS, JJ., concur.


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Citator

Cited By

  • …o. 2d 158 (Fla. 4th DCA 1978); Whiteside v. Johnson, 351 So. 2d 759 (Fla. 2d DCA 1977); and Wright v. Sterling Drugs, Inc., 287 So. 2d 376 (Fla. 2d DCA 1973); Haddad, Certiorari in Florida, 29 U.Fla.L.Rev. 207, 223 n. 126 (1977). .Scheuer v. Wille, 370 So. 2d 1166 (Fla. 4th DCA 1979).…
  • Comisky v. Rosen Mgmt. Serv., Inc., 630 So. 2d 628 (Fla. 4th DCA 1994)
    …ins, 623 So. 2d 855 (Fla. 3d DCA 1993) (relying on Khandjian and Joye). Prior to today’s decision, this court long recognized that Florida Rule of Appellate Procedure 9.130 “limits rather than broadens review of non-final orders.” Scheuer v. Wille, 370 So. 2d 1166 (Fla. 4th DCA 1979). In deference to the limitations placed by rule 9.130 on the types of non-final orders that are appealable, the supreme court wrote in Martin-Johnson,, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987): “We emphasize, first of all, that…
  • Wieduwilt v. Raben Builders, Inc., 376 So. 2d 450 (Fla. 4th DCA 1979)
    …PER CURIAM. Petition for Writ of Certiorari is denied. See Scheuer v. Wille, 370 So. 2d 1166 (Fla. 4th DCA 1979). ANSTEAD, LETTS and MOORE, JJ., concur.…

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