RICHARD F. THOMPSON, PETITIONER,
v.
BEVERLY J. THOMPSON, RESPONDENT

Fla. 5th DCA | 1994-04-29
No. 94-740
W. SHARP, PETERSON and GRIFFIN, JJ., concur.
635 So. 2d 1064 Florida District Court of Appeal, Fifth District (1994) Positive Treatment
Cited by 4 cases
Topics
Petition To Modify Final Judgment Adequate Remedy On Appeal Modification Of Final Judgment Non-Final Order Review

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Opinion of the Court
PER CURIAM.

PER CURIAM.

By petition for a writ of certiorari Richard F. Thompson seeks review of a non-final order denying his motion to dismiss the former wife’s “Motion to Amend Rehabilitative Alimony.” The latter was construed by the lower court to be a petition for modification of the final judgment of dissolution. He contends the trial court lacked jurisdiction. We deny the petition.

A non-final order is reviewable by certiorari only in limited circumstances. “The order must depart from the essential requirements of law and thus cause material injury to the petitioner throughout the remainder of the proceedings below, effectively leaving no adequate remedy on appeal.” Martinr-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1099 (Fla.1987). Although petitioner makes the conclusory statement that there is no adequate remedy by appeal, he has made no argument nor has he cited any authority that would support that claim.

PETITION DENIED.

W. SHARP, PETERSON and GRIFFIN, JJ., concur.

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Cited By

  • Am. Fire & Cas. Co. v. Fassi, 665 So. 2d 1153 (Fla. 5th DCA 1996)
    …PER CURIAM. See Thompson v. Thompson, 635 So. 2d 1064 (Fla. 5th DCA 1994). Petition for Writ of Certiorari DENIED. PETERSON, C.J., and W. SHARP and GRIFFIN, JJ., concur.…
  • Paul A. Thompson, M.D. v. Marissa Deane, 703 So. 2d 1215 (Fla. 5th DCA 1997)
    …ess the new allegation. An order denying a motion to dismiss a claim is generally not reviewable by certiorari, as there is an adequate remedy by plenary appeal. See Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla.1987); Thompson v. Thompson, 635 So. 2d 1064 (Fla. 5th DCA 1994). Likewise, the rulings on the oral motions may be raised on plenary appeal. Whether to grant a continuance is a matter falling within the trial judge’s discretion, and a ruling should be disturbed only when that discretion is abu…

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