PALM BEACH NEWSPAPERS, INC., A FLORIDA CORPORATION, DANIEL J. MAHONEY, JR., THOMAS A. KELLY AND GARY BLANKENSHIP, JOINTLY AND SEVERALLY, PETITIONERS,
v.
JOE I. PARKER, RESPONDENT
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The appellate court denied a petition for certiorari seeking review of a trial court's denial of a motion for summary judgment in a libel case. The court found no departure from the essential requirements of law and no lack of an adequate remedy by appeal.
The appellate court held that the trial court did not depart from the essential requirements of law by denying the motion for summary judgment. Furthermore, the court concluded that it lacks subject matter jurisdiction under the current rules to answer questions certified by trial courts.
[1] Certiorari is an extraordinary remedy that requires a showing of a departure from the essential requirements of law and the lack of an adequate remedy by appeal.
[2] A trial court's denial of a motion for summary judgment will not be disturbed on certiorari unless it departs from the essential requirements of law.
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Join FLexlaw to unlock all legal intelligence“Petitioner must demonstrate both a departure from the essential requirements of law, and the lack of an adequate remedy by appeal.”
Establishes the standard for granting a writ of certiorari.
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Join FLexlaw to unlock all legal intelligencePalm Beach Newspapers, Inc. (petitioner) sought review of a trial judge's denial of its motion for summary judgment in a libel suit. The petitioner ar…
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PER CURIAM.
By petition for certiorari, Palm Beach Newspapers, Inc., asks this court to review the trial judge’s denial of its motion for summary judgment in a libel suit.
Petitioner must demonstrate both a departure from the essential requirements of law, and the lack of an adequate remedy by appeal. We conclude the trial court did not depart from the essential requirements of law by denying summary judgment and that petitioner has failed to demonstrate the lack of an adequate remedy by appeal. Gadsden County Times, Inc. v. Home, 382 So. 2d 347 (Fla. 1st DCA 1980). We deny certiorari.
Petitioner points out that since Gertz v. Robert Welch, Inc., 418 U.S. 323, 94 S.Ct. 2997, 41 L.Ed.2d 789 (1974), the Florida Supreme Court has not announced the standard of fault applicable to a media defendant in a libel suit brought by a private individual. Petitioner contends that because no clear law exists to govern the case sub judice that we should announce a standard of fault. The trial court, at petitioner’s request, certified this question to us. Florida Rule of Appellate Procedure 4.6 (1962) and its predecessors provided for certification by a trial court to “the Court” of a question of law determinative of the cause and without controlling precedent in this state. After the creation of the District Courts of Appeal, this rule was interpreted to permit certification by the trial courts to the District Courts. The 1977 revision of the Florida Rules of Appellate Procedure, as amended in 1980, provides for discretionary jurisdiction in the Supreme Court to pass upon questions certified by the District Courts. Fla.R.App.P. 9.030(a)(2). No similar provision appears in Rule 9.030(b) governing the jurisdiction of the District Courts of Appeal. We conclude that subject matter jurisdiction to answer certified questions does not exist in this court under the present rules, and decline to answer the question.
PETITION FOR WRIT OF CERTIORA-RI DENIED.
BERANEK, HURLEY and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Harte v. Palm Beach Biltmore Condo. Ass'n, Inc., 436 So. 2d 444 (Fla. 4th DCA 1983)…nstrate both a departure from the essential requirements of law and lack of an adequate remedy by appeal after judgment. See Chalfonte Development Corporation v. Beaudoin, 370 So. 2d 58 (Fla. 4th DCA 1979), and Palm Beach Newspapers, Inc. v. Parker, 417 So. 2d 323 (Fla. 4th DCA 1982). The order in question is not a permitted interlocutory appeal and is not a proper matter for certiorari. See Combs v. State, 436 So. 2d 93 (Fla.1983). Therein, the Supreme Court stated: A district court may refuse to grant a pe…
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Est. OF Ernest Schleusener v. Stuart, 462 So. 2d 129 (Fla. 4th DCA 1985)…gment. Certiorari is available only when the petitioner is able to demonstrate both a departure from the essential requirements of law and the lack of an adequate remedy by direct appeal after final judgment. Palm Beach Newspapers, Inc. v. Parker, 417 So. 2d 323, 323 (Fla. 4th DCA 1982); Siegel v. Abramowitz, 309 So. 2d 234, 235 (Fla. 4th DCA 1975). Petitioner has a remedy by direct appeal. The petition for writ of certiorari is denied. HERSEY and HURLEY, JJ., concur.…
Authorities Cited
- Gertz v. Robert Welch, Inc., 418 U.S. 323 (U.S. 1974)
- Gadsden Cnty. Times Inc. v. Mallory E. Horne, 382 So. 2d 347 (Fla. 1st DCA 1980)