JEROMY ANDERSON, A MINOR, BY AND THROUGH ROXANNE ANDERSON, HIS MOTHER, AND ROXANNE ANDERSON, INDIVIDUALLY, APPELLANTS,
v.
CHARLES E. LORE, M.D., D. ORVIN JENKINS, M.D., BABERS, LORE & ASSOCIATES, P.A., A FLORIDA PROFESSIONAL SERVICE CORPORATION, AND MICHAEL LEE ANDERSON, APPELLEES
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PER CURIAM.
Petitioners in this medical malpractice action seek a writ of certiorari to reverse an order of the Circuit Court determining that the presuit investigation conducted by defendants/appellees complied with the provisions of section 766.106(3), Florida Statutes. The extraordinary remedy of certiorari will be granted only in those situations where the court acts without or in excess of its jurisdiction, or the order does not conform to the essential requirements of law and will cause material injury throughout the subsequent proceedings which cannot be remedied on appeal. Brooks v. Owens, 97 So. 2d 693, 695 (Fla.1957). See also Pitcairn v. Vowell, 580 So. 2d 219, 221 (Fla. 1st DCA1991). On the record before us, we cannot say that the ruling of the trial court departed from the essential requirements of law. Because the standard for certiorari has not been met, we deny the writ.
JOANOS, C.J., and MINER and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Shands Teaching Hosp. & Clinics, Inc. v. Barber, 638 So. 2d 570 (Fla. 1st DCA 1994)…jurisdiction, or the order departs from the essential requirements of the law thus causing material injury throughout the remainder of the proceedings below, effectively leaving no adequate remedy on appeal. Anderson By and Through Anderson v. Lore, 618 So. 2d 369 (Fla. 1st DCA 1993); Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987).1 The provisions of sections 766.201-.212, Florida Statutes, are not to be allowed to impinge upon plaintiffs’ right of access to the courts and must be construed as…
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Robert L. Steele, M.D. v. Davis, 667 So. 2d 264 (Fla. 1st DCA 1995)…ailed to demonstrate that the order of the trial court denying the motion to dismiss either exceeds the trial court’s jurisdiction or departs from the essential requirements of the law, we deny the petition. Anderson By and Through Anderson v. Lore, 618 So. 2d 369 (Fla. 1st DCA 1993); Shands Teaching Hospital and Clinics, Inc. v. Barber, 638 So. 2d 570 (Fla. 1st DCA 1994). MICKLE, BENTON and VAN NORTWICK, JJ., concur.…
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Pruitt v. State, 682 So. 2d 629 (Fla. 3d DCA 1996)…the trial court and, more importantly, demonstrates no departure from the essential requirements of law sufficient to grant certiorari review. See Valenzuela v. Valenzuela, 648 So. 2d 741 (Fla. 3d DCA 1994); Anderson By and Through Anderson v. Lore, 618 So. 2d 369 (Fla. 1st DCA 1993); American Southern Co. v. Tinter, Inc., 565 So. 2d 891 (Fla. 3d DCA 1990); S.Y. v. McMillan, 563 So. 2d 807 (Fla. 1st DCA 1990). Flowing logically to this case, where the sentence is legally within the range prescribed by statute…
Authorities Cited
- Maxwell J. Brooks v. Owens, 97 So. 2d 693 (Fla. 1957)
- Pitcairn v. Francine Vowell, 580 So. 2d 219 (Fla. 1st DCA 1991)