MARTIN-JOHNSON, INC., PETITIONER,
v.
TOMMIE SAVAGE, RESPONDENT
PER CURIAM.
Because petitioner will have an adequate remedy by appeal of a final order, the petition for writ of certiorari, seeking review of an order denying petitioner’s motion to strike respondent’s claim for punitive damages, is denied. Contra Sunrise Olds-Toyota, Inc. v. Monroe, 476 So. 2d 240 (Fla. 5th DCA 1985); Jaimot v. Media Leasing Corp., 457 So. 2d 529 (Fla. 5th DCA 1984).
ERVIN, WENTWORTH and JOANOS, JJ., concur.
[*568] ON REHEARING
In response to petitioner’s request for certification of conflict, we hereby certify that, as the contra citation indicates, the decision in the present case is in direct conflict with the decisions in the cited cases of Sunrise Olds-Toyota, Inc. v. Monroe, 476 So. 2d 240 (Fla. 5th DCA 1985), and Jaimot v. Media Leasing Corp., 457 So. 2d 529 (Fla. 5th DCA 1984).
ERVIN, WENTWORTH and JOANOS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)…BARKETT, Justice. We have for review the decision of the First District in Martin-Johnson, Inc. v. Savage, 488 So. 2d 567 (Fla. 1st DCA 1986), certified to be in direct conflict with the decisions of the Fifth District in Sunrise Olds-Toyota, Inc. v. Monroe, 476 So. 2d 240 (Fla. 5th DCA 1985), and Jaimot v. Media Leasing Corp., 457 So. 2d 529 (Fla. 5th DCA 1984). We ha…
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Hartford Accident & Indem. Co. v. U.S.C.P. Co., 515 So. 2d 998 (Fla. 4th DCA 1987)…e state — was decided by a vote of four to three. Like most Floridians, I was not aware of its consideration — or impact — until its appearance in Florida Law Weekly. A reading of the earlier one paragraph decision in Martin-Johnson, Inc. v. Savage, 488 So. 2d 567 (Fla. 1st DCA 1986), reflects that the situation involved en banc here was not involved there. Consideration here was of a discovery order and the claim upon which the discovery order was founded. If no discovery order had been involved here, certio…
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Club Eden ROC, Inc. v. Fortune Cookie Rest., Inc., 490 So. 2d 210 (Fla. 3d DCA 1986)…for punitive damages, see Sunrise Olds-Toyota, Inc. v. Monroe, 476 So. 2d 240 (Fla. 5th DCA 1985); Jaimot v. Media Leasing Corp., 457 So. 2d 529 (Fla. 5th DCA 1984), which support common law certiorari review, but see Martin-Johnson, Inc. v. Savage, 488 So. 2d 567 (Fla. 1st DCA 1986), on rehearing which deny such. We believe we should exercise our discretion to entertain such a petition to review orders which fail to strike or dismiss a claim for such damages because the injury that might be occasioned to a d…
Authorities Cited
- Jaimot v. Media Leasing Corp., 457 So. 2d 529 (Fla. 5th DCA 1984)
- Sunrise Olds-Toyota, Inc. v. Monroe, 476 So. 2d 240 (Fla. 5th DCA 1985)