BRENDA JOHNSON, PETITIONER,
v.
DR. BARRY WANDER, RESPONDENT
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The court held that the partial summary judgments striking claims for punitive damages and emotional distress were improvidently granted, requiring the transfer order to be quashed.
Brenda Johnson's dog, Coco, was allegedly burned after an operation by veterinarian Dr. Wander. Johnson became ill upon discovering the injuries and s…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
In this action for professional malpractice, petitioner alleged the following facts: Brenda Johnson took her dog, Coco, to Dr. Wander to be spayed. After the operation, the veterinarian allegedly left Coco on heating pads for a long period of time resulting in serious burns to the animal. Johnson became physically ill when she discovered the dog’s injuries.
This action commenced in the circuit court on a complaint alleging gross negligence and damage to property causing emotional distress. The trial court entered partial summary judgments on the claims for punitive damages and emotional distress 1 and, on a subsequent motion, transferred the case to the county court as a claim for less than the circuit court jurisdictional amount. This petition is brought from the transfer order. Because the partial summary judgments striking the claims for punitive damages and emotional distress were improvidently granted, the order transferring the cause to the county court must be quashed. We held in the factually indistinguishable case of Knowles Animal Hosp., Inc. v. Wills, 360 So. 2d 37 (Fla.3d DCA 1978), cert. denied, 368 So. 2d 1369 (Fla.1979), that a jury question was presented on the issues of gross negligence and physical and mental pain and suffering as claimed by the dog’s owner. Certiorari granted.
. The parties agreed that the orders striking the claims for emotional distress and punitive damages, entered several weeks before the order transferring the case to the county court, were nonfinal orders not reviewable by appeal. However, the order transferring the case to the county court, based on the grounds set forth in the earlier orders, is reviewable by certiorari. Krueger v. Wear, 498 So. 2d 578 (Fla.3d DCA 1986); Norris v. Southern Bell Tel. & Tel. Co., 324 So. 2d 108 (Fla.3d DCA 1975).
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Kennedy v. Byas, 867 So. 2d 1195 (Fla. 1st DCA 2004)…eterinary malpractice in the treatment of his basset hound constituted a departure from the essential requirements of law. We disagree, deny the petition, and certify conflict with the Third District Court of Appeal’s decisions in Johnson v. Wander, 592 So. 2d 1225 (Fla. 3d DCA 1992), and Knowles Animal Hosp., Inc. v. Wills, 360 So. 2d 37 (Fla. 3d DCA 1978). The petitioner filed a two count complaint against his veterinarian, Dr. Byas, seeking damages for veterinary malpractice in the treatment of his basset…1 / 2
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David v. Prime Hospitality Corp., 676 So. 2d 1049 (Fla. 3d DCA 1996)…eshold. The order limiting liability is nonfi-nal and not reviewable by appeal. “However, the order transferring the case to the county court, based on the grounds set forth in the earlier order[ ], is reviewable by certio-rari.” Johnson v. Wander, 592 So. 2d 1225, 1226 n. 1 (Fla. 3d DCA 1992). The summary judgment limiting liability leaves unresolved the petitioner’s factual contention that the respondent, like the defendant in Fennema v. Howard Johnson Co., 559 So. 2d 1231 (Fla. 3d DCA 1990), “affirmativel…
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Authorities Cited
- Norris v. S. Bell Tel. & Tel. Co., 324 So. 2d 108 (Fla. 3d DCA 1975)
- Knowles Animal Hosp., Inc. v. Wills, 360 So. 2d 37 (Fla. 3d DCA 1978)
- Krueger v. Wear, 498 So. 2d 578 (Fla. 3d DCA 1986)