THERESA MARIE WISNIEWSKI, A/K/A THERESA MART, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CURTIS LEE MART, SR., DECEASED, PETITIONER,
v.
JAMES IRELAND, AN INDIVIDUAL, AND JOHNNY'S OUTPOST, INC., A FLORIDA CORPORATION, D/B/A JOHNNY'S OUTPOST, RESPONDENTS
THERESA MARIE WISNIEWSKI, A/K/A THERESA MART, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CURTIS LEE MART, SR., DECEASED, PETITIONER,
JAMES IRELAND, AN INDIVIDUAL, AND JOHNNY'S OUTPOST, INC., A FLORIDA CORPORATION, D/B/A JOHNNY'S OUTPOST, RESPONDENTS
636 So. 2d 587
Florida District Court of Appeal, Fifth District (1994)
Opinion of the Court
GRIFFIN, Judge.
Notwithstanding the cases cited by petitioner as authority, including Dolphin Cove Association v. Square D. Co., 616 So. 2d 553 (Fla. 2d DCA 1993), we conclude that an interlocutory order striking a punitive damage claim in a personal injury or wrongful death case is not an appealable non-final order, under Florida Rule of Appellate Procedure 9.130, nor is it reviewable by certiorari. See, Scheuer v. Wille, 370 So. 2d 1166 (Fla. 4th DCA 1979). Accordingly, the petition is denied.
DAUKSCH and GOSHORN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Scheuer v. Wille, 370 So. 2d 1166 (Fla. 4th DCA 1979)
- Dolphin Cove Ass'n v. Square D. Co., 616 So. 2d 553 (Fla. 2d DCA 1993)