ROBIN WARNER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ADELE WARNER, DECEASED, APPELLANT,
v.
HOLY CROSS HOSPITAL, INC., APPELLEE
ROBIN WARNER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ADELE WARNER, DECEASED, APPELLANT,
HOLY CROSS HOSPITAL, INC., APPELLEE
912 So. 2d 1271
Florida District Court of Appeal, Fourth District (2005)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
We affirm the final summary judgment below. Upon review of the record, we conclude that it does not support the claim for intentional infliction of emotional distress. It is undisputed that summary judgment was also properly entered on the negligence count.
STONE, GROSS and HAZOURI, JJ., concur.
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Katarina Loidl v. I & E Grp., Inc., 927 So. 2d 1016 (Fla. 2d DCA 2006)…so Stinnett v. Dodson, 575 So. 2d 1350 (Fla. 2d DCA 1991). The First, Fourth, and Fifth District Courts of Appeal have come to the same conclusion. See Hough v. Bailey, 421 So. 2d 708 (Fla. 1st DCA 1982); Eurohome DI Soleil, LLC v. Oaks Group, Inc., 912 So. 2d 1271 (Fla. 4th DCA 2005); Baghaffar v. Story, 515 So. 2d 1373 (Fla. 5th DCA 1987). The Third District, however, has held that such orders are more appropriately reviewed by interlocutory appeal as they are akin to orders on injunctions. See Munilla v. Es…
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Bermont Lakes, LLC v. Rooney, 980 So. 2d 580 (Fla. 2d DCA 2008)…eans. We note that this court and others have held that an order discharging a lis pen-dens may be reviewed by certiorari. See, e.g., Loidl v. I & E Group, Inc., 927 So. 2d 1016, 1017 (Fla. 2d DCA 2006); Eurohome DI Soleil, LLC v. Oaks Group, Inc., 912 So. 2d 1271, 1272 (Fla. 4th DCA 2005); Baghaffar v. Story, 515 So. 2d 1373, 1373 (Fla. 5th DCA 1987); Hough v. Bailey, 421 So. 2d 708, 708 (Fla. 1st DCA 1982). However, each of these cases involved orders solely discharging a lis pendens. Thus, the courts did n…
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Deidra Ann Bergmann v. Slater, 922 So. 2d 1110 (Fla. 4th DCA 2006)…ns as there was not enough of a nexus to the property alleged in the complaint to support the lis pendens. Certiorari lies to review a trial court order discharging a Us pendens on [*1112] real property. Eurohome DI Soleil, LLC v. Oaks Group, Inc., 912 So. 2d 1271 (Fla. 4th DCA 2005); Martell v. Dubner, 885 So. 2d 469 (Fla. 4th DCA 2004). To support a lis pendens, the plaintiff is not required to show a substantial likelihood of success on the merits, only that there is a “fair nexus between the apparent leg…
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