JENNIFER B. CHACE, GREGORY R. CHACE AND NANCY SMYTHE, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, APPELLANTS,
v.
MARTIN MEMORIAL MEDICAL CENTER, INC., MEDICAL SAVINGS INSURANCE COMPANY, A CORPORATION, AND FLORIDA LIFE & HEALTH INSURANCE GUARANTY ASSOCIATION, APPELLEES

Fla. 4th DCA | 2013-03-13
No. 4D10-4060
WARNER, CIKLIN and LEVINE, JJ., concur.
125 So. 3d 817 Florida District Court of Appeal, Fourth District (2013) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal is from a non-final order denying the appellants’ motion to join a third party in the litigation below. The order is not one of the appealable non-final orders found in Florida Rule of Appellate Procedure 9.130(a)(3) and is not otherwise appealable. Nor do we find a writ of certiorari to be appropriate were we to treat this appeal as a petition for one. See Karr v. Palm Peterbilt-GMC Trucks, Inc., 551 So.2d 1278, 1278-79 (Fla. 4th DCA 1989) (Warner, J., specially concurring) (noting that a petition for writ of certiorari directed at an order denying a motion to amend to add a party should be denied where an adequate remedy on plenary appeal is available). Therefore, we dismiss this appeal for lack of jurisdiction.

Dismissed.

WARNER, CIKLIN and LEVINE, JJ., concur.


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  • Stein v. R.J. Reynolds Tobacco Co., 137 So. 3d 1126 (Fla. 3d DCA 2014)
    …hich no appeal is provided under Rule 9.130 of the Florida Rules of Appellate Procedure.”) (citing Hawaiian Inn of Daytona Beach Inc. v. Snead Constr. Corp., 393 So. 2d 1201, 1202 (Fla. 5th DCA 1981)); see also Chace v. Martin Mem’l Med. Ctr., Inc., 125 So. 3d 817 (Fla. 4th DCA 2013). Nor does the order sought to be reviewed rise to the level of irreparable harm to him, which might invoke our extraordinary jurisdiction. See Jaye v. Royal Saxon, Inc., 720 So. 2d 214, 215 (Fla.1998) (holding that a party must e…

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