JOYCE A. WELSH, INDIVIDUALLY AND AS SURVIVING SPOUSE OF FRANK J. WELSH, DECEASED, AND AS ADMINISTRATRIX OF THE ESTATE OF FRANK J. WELSH, DECEASED, PETITIONER,
v.
TROPICAL ROOFING COMPANY, A FLORIDA CORPORATION, ROBERT RICCITIELLI AND WALTER CHRUSZCZAK, RESPONDENTS
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A motor vehicle owner, Tropical Roofing Company, successfully moved to strike allegations of punitive damages in a wrongful death suit on the ground that owners are not liable for exemplary damages based on vicarious liability. The appellate court denied the plaintiff's petition for certiorari seeking interlocutory review, holding that such relief is unavailable outside the narrow class of interlocutory orders enumerated in the appellate rules.
The lower court's order striking punitive damages allegations against Tropical Roofing Company was properly entered, as a vehicle owner is not liable for punitive damages based on vicarious liability. Additionally, certiorari is not available to review interlocutory orders in common law damage suits; review of such orders may only be sought after final judgment on appeal from the final decree.
“only orders at common law relating to venue or jurisdiction over the person may be appealed under this rule”
Establishes the narrow scope of permissible interlocutory appeals in common law actions.
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Join FLexlaw to unlock all legal intelligenceFrank J. Welsh was killed in a highway collision with a motor vehicle owned by Tropical Roofing Company. Joyce Welsh, as the surviving spouse and admi…
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The plaintiff below filed a complaint against several defendants, one of whom was the Tropical Roofing Company, a Florida corporation, the owner of the automobile involved in a highway collision with a motor vehicle operated by plaintiff’s decedent-husband. The plaintiff sought compensatory and punitive damages against each of the defendants.
The defendant, Tropical Roofing Company, filed a motion to strike the allegations relating to punitive or exemplary damages on the ground such damages were sought against it based solely on its vicarious liability; that an owner of a vehicle as such is not liable for exemplary or punitive damages; and that the allegations for punitive and exemplary damages are insufficient as a matter of law.
The lower court entered an order striking “any claim in the amended complaint as to punitive damages against the defendant, Tropical Roofing Company.” It is to this order that the instant petition for certiorari is directed.
It will be observed that the action below was at common law and this petition for certiorari, in effect, attempts to bring an interlocutory appeal to this court through the agency of certiorari.
Rule 4.2, subd. a, Florida Appellate Rules, 31 F.S.A., Interlocutory Appeals, provides:
“Appeals from interlocutory orders or decrees in equity, orders or decrees entered after final decree, and orders at common law relating to venue or jurisdiction over the person, may be prosecuted in accordance with this rule; provided that nothing contained in this rule shall preclude the review of such orders and decrees on appeal from the final decree in the cause.”
It will be observed from the above rule that only orders at common law relating to venue or jurisdiction over the person may be appealed under this rule. To grant *895certiorari in this case would, in effect, authorize certiorari in any damage suit where the court had granted a motion to strike various allegations in the pleadings or refused to grant various motions to dismiss, etc.
The plaintiff below, petitioner here, after final judgment in this case, can appeal from the court’s order striking allegations for punitive damages as to the defendant corporation, Tropical Roofing Company, if it is deemed advisable. Longo v. Collins, Fla.App.1958, 106 So.2d 1.
Petition for certiorari denied.
SHANNON, J., and GERALD, LYNN, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Girten v. Bouvier, 155 So. 2d 745 (Fla. 2d DCA 1963)…rely erroneous, makes the judgment quashable.” It is thus seen that power to review an intermediate order does not comprehend errors by the trial court in the making of rulings on the pleadings (see also Welsh v. Tropical Roofing Co., Fla.App.1961, 127 So. 2d 894; Longo v. Collins, Fla.App.1958, 106 So. 2d 1), nor as to the law applicable to the facts; neither will an appellate court review alleged errors in admitting or rejecting evidence or in making of rulings [*749] on other matters of procedure, even th…1 / 2
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Taylor v. McGARRY, 131 So. 2d 509 (Fla. 1st DCA 1961)…PER CURIAM. Respondent’s motion to dismiss petition for writ of certiorari granted on the authority of Welsh v. Tropical Roofing Company, Fla.App.1961, 127 So. 2d 894. WIGGINTON, C. J., and STURGIS and CARROLL, DONALD K., JJ., concur.…
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Hardwicke-Etter Co. v. Bryant, 130 So. 2d 287 (Fla. 3d DCA 1961)…. We have reviewed the petition, the petitioner’s brief, as well as the accompanying transcript of record and conclude that cer-tiorari should not issue and that the petition should be dismissed. See Welsh v. Tropical Roofing Company, Fla.App.1961, 127 So. 2d 894. Certiorari denied and petition dismissed. HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.…
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- Longo v. Collins, 106 So. 2d 1 (Fla. 1st DCA 1958)