BAPTIST HOSPITAL OF MIAMI, INC., PETITIONER,
v.
MICHAEL DEMARIO, RESPONDENT
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The court denied the hospital's petition for certiorari regarding the denial of summary judgment and dismissed the petition concerning the lifting of the discovery stay.
Following a prior appellate decision, the hospital moved for summary judgment on the plaintiff's standing as a class representative. The trial court d…
The full statement of facts, procedural history, and disposition for this case are member content.
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Following this court’s decision and opinion reported in Baptist Hospital of Miami, Inc. v. Demario, 661 So. 2d 319 (Fla. 3d DCA 1995) the matter recurred in the trial court on the hospital’s motion for summary judgment as to standing of the plaintiff to act as class representative and to continue the trial court proceeding as a proper class action. Whereupon the trial court vacated a previously entered stay of discovery sought by the plaintiff of the hospital’s records and denied the motion for summary judgment. The hospital filed the instant certiorari proceedings contending that the trial court departed from the essential requirements of the law in permitting discovery to proceed, and in failing to follow this court’s directions in the earlier opinion to determine the question of whether the plaintiff had standing to continue to represent the class. No motion for protective order as to the discovery, which may be sought by the plaintiff, has been filed. Following argument of counsel, review of the petition and response, and being otherwise advised in the premises, it is ORDERED AND ADJUDGED as follows:
1. the petition for-certiorari as to the order denying summary judgment is denied, see Harte v. Palm Beach Biltmore Condominium Ass’n, Inc., 436 So. 2d 444 (Fla. 4th DCA 1983); R.J. Brown, Inc. v. Seminerio, 246 So. 2d 629 (Fla. 4th DCA 1971), and,
2. as to the order lifting the stay, this matter is dismissed without prejudice to the hospital seeking any appropriate review on any order entered on a motion seeking discovery protection pursuant to Florida Rules of Civil Procedure 1.280(c).
SCHWARTZ, C.J., and BARKDULL and GREEN, JJ., concur.
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Cited By
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Miami-Dade Cnty. v. Adolfo Perez, 988 So. 2d 40 (Fla. 3d DCA 2008)…enumerated categories of non-final orders that may be appealed to this Court. See Florida Rule of Appellate Procedure 9.130(a)(3). Further, such orders do not meet our criteria for review via certiorari. See Baptist Hosp. of Miami, Inc. v. Demario, 682 So. 2d 1106 (Fla. 3d DCA 1996); see also Harte v. Palm Beach Biltmore Condo. Ass’n, Inc., 436 So. 2d 444 (Fla. 4th DCA 1983). We disagree with the County’s position that the order denying summary judgment is either: (1) an order determining “the right to immed…
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Baptist Hosp. OF Miami, Inc. v. Demario, 683 So. 2d 641 (Fla. 3d DCA 1996)…issed the petition for certiorari without prejudice to Baptist to seek any appropriate review on any order entered on a motion seeking discovery protection pursuant to Florida Rules of Civil Procedure 1.280(c). See Baptist Hospital, Inc. v. Demario, 682 So. 2d 1106 (Fla. 3d DCA 1996). Following our April 16,1996 order, Baptist filed its motion for protective order in re [*643] sponse to DeMario’s discovery of the hospital’s records of other Baptist patients over a five year period. It was Baptist’s position t…
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Paul N. Howard Co. v. Camp, 938 So. 2d 638 (Fla. 5th DCA 2006)…utory appeal or common law certiorari. Barber v. Wonderland Greyhound Park, 656 So. 2d 961, 961-62 (Fla. 5th DCA 1995) (citing Vaneo Constr., Inc. v. Nucor Corp., 378 So. 2d 116 (Fla. 5th DCA 1980)); see also Baptist Hosp. of Miami, Inc. v. Demario, 682 So. 2d 1106 (Fla. 3d DCA 1996). [*639] PETITION FOR WRIT OF CERTIO-RARI DISMISSED. PLEUS, C.J., PALMER and ORFINGER, JJ., concur.…
Authorities Cited
- Baptist Hosp. OF Miami, Inc. v. Demario, 661 So. 2d 319 (Fla. 3d DCA 1995)
- Harte v. Palm Beach Biltmore Condo. Ass'n, Inc., 436 So. 2d 444 (Fla. 4th DCA 1983)
- R. J. Brown, Inc. v. Seminerio, 246 So. 2d 629 (Fla. 4th DCA 1971)