PRIME COMPUTER, INC., PETITIONER,
v.
RICHARD R. MULHOLLAND, RESPONDENT

Fla. 2d DCA | 1990-11-09
No. 90-02024
SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.
571 So. 2d 515 Florida District Court of Appeal, Second District (1990) Positive Treatment
Cited by 6 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Prime Computer, Inc., petitions this court for a writ of certiorari to review an order of the circuit court requiring it to furnish certain discovery to respondent Richard Mulholland. Mulholland has advised this court that he has withdrawn the contested discovery requests. Accordingly, that portion of the petition is now moot.

Prime Computer’s petition also asks this court to review a second order, entered contemporaneously with the discovery order, which denies its motion to dismiss counts I and II of Mulholland’s third amended complaint. Prime Computer asserts that the charges made therein are without merit and are “serious and damaging to Prime’s reputation.” Nevertheless, we are bound by the well-established principle that certiorari will not lie to review the denial of a motion to dismiss. See Martin-Johnson v. Savage, 509 So. 2d 1097 (1987).

Petition for certiorari denied.

SCHOONOVER, C.J., and CAMPBELL and THREADGILL, JJ., concur.


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  • Rodriguez v. Loxahatchee Groves Water Control Mgmt. Dist., 636 So. 2d 1348 (Fla. 4th DCA 1994)
    …d and maintained in essentially the same deficient manner. The purported negligence is based upon this similar condition; therefore, this other accident evidence is relevant and was properly admitted during the trial. See Halum v. Palm Beach County, 571 So. 2d 515 (Fla. 4th DCA 1990), rev. denied, 583 So. 2d 1036 (Fla.1991). It is worth pointing out again that independent evidence also was submitted in the present case to support the allegation that the roads running alongside canals throughout the district w…
  • Capo v. State of Fla. Dep't OF Transp., 642 So. 2d 37 (Fla. 3d DCA 1994)
    …ted and adhered to schedule of road maintenance at accident site). To prove that the DOT failed to properly maintain the exit ramp, plaintiffs had to show that the DOT had notice of the existing dangerous conditions. See Halum v. Palm Beach County, 571 So. 2d 515, 517 (Fla. 4th DCA 1990), rev. denied, 583 So. 2d 1036 (Fla.1991). The prior accident evidence which plaintiffs proffered at trial was relevant to prove notice. See Rodriguez v. Loxahatchee Groves Water Control Management Dist., 636 So. 2d 1348, 134…
  • BAP Newleaf, LLC v. Hillcrest Bank, 198 So. 3d 656 (Fla. 2d DCA 2015)
    …PER CURIAM. The petition for writ of certiorari is hereby dismissed as moot. See Universal Prop. & Cas. Ins. Co. v. Stark, 8 So. 3d 506, 507 (Fla. 2d DCA 2009); Prime Computer, Inc. v. Mulholland, 571 So. 2d 515, 515 (Fla. 2d DCA 1990); Hilton Int’l Co. v. Londono, 995 So. 2d 504, 504 (Fla. 3d DCA 2008) (table decision). VILLANTI, C.J., and MORRIS and BLACK, JJ., Concur.…

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