JOSEPH OVADIA, M.D., PETITIONER,
v.
DOCTORS' HOSPITAL OF SOUTH MIAMI, LTD., D/B/A LARKIN GENERAL HOSPITAL, A FLORIDA CORPORATION, RESPONDENT
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PER CURIAM.
The petition for a writ of certiorari is dismissed without prejudice to raise the constitutional issue presented herein upon an appeal from a final order dismissing the petitioner’s complaint below or any other adverse final order or final judgment. We reach this result because, simply stated, the petitioner has an adequate remedy by appeal from such a final order or final judgment when entered — which necessarily means that we have no jurisdiction to review the order complained of on a petition for a writ of certiorari. We have not overlooked the petitioner’s forceful arguments to the contrary, but are not persuaded thereby. See Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1098 (Fla.1987); Shell v. State Road Dept., 135 So. 2d 857 (Fla.1961); Brooks v. Owens, 97 So. 2d 693, 695 (Fla.1957); Feldman v. Glucroft, 553 So. 2d 282 (Fla. 3d DCA 1989).
Certiorari dismissed.
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Citator
Cited By
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Hernando Marin v. Batista, 590 So. 2d 523 (Fla. 3d DCA 1991)…ction for conversion), rev. denied, 449 So. 2d 264 (Fla.1984). Neither is the order reviewable by certiorari because no irreparable harm, nor an inadequacy of legal remedies, has been demonstrated. See Ovadia v. Doctors’ Hosp. of South Miami, Ltd., 557 So. 2d 137 (Fla. 3d DCA 1990) (appellate court has no jurisdiction to review an order dismissing a complaint on a petition for writ of certiora-ri where the petitioner has an adequate remedy by appeal from the final order or final judgment when entered). Cert…
Authorities Cited
- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
- Maxwell J. Brooks v. Owens, 97 So. 2d 693 (Fla. 1957)
- Shell v. State Rd. Dep't of Fla., 135 So. 2d 857 (Fla. 1961)
- Fitzgibbons v. State, 553 So. 2d 282 (Fla. 3d DCA 1989)