NORTHERN JACKSONVILLE ENTERPRISE, LLC D/BA LANIER MANOR CARE CENTER BRIGHTSNFCARE, LLC D/B/A CARESTRONG ES, LLC MILLENNIUM MANAGEMENT, LLC AND ELI STROHLI
v.
ANNA R. BUFFINGTON, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SHIRLEY JEWELL BLACKWELL

Fla. 1st DCA | 2018-11-06
No. 18-3190
Egan, McCarthy, Lynch, Clark, Aarons
255 So. 3d 997 Florida District Court of Appeal, First District (2018) Positive Treatment
Cited by 3 cases

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Holding

A petition for writ of certiorari must be dismissed when the underlying claims arise from negligence in a healthcare facility setting.


Headnotes

[1] A writ of certiorari is not the appropriate remedy to challenge a trial court order in a negligence or wrongful death action against a healthcare facility.

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Facts & Procedural History

Petitioners, a nursing home facility and related entities, sought a writ of certiorari challenging a lower court decision in a wrongful death action b…

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Opinion of the Court

November 6, 2018 PER CURIAM.

DISMISSED. See Caldwell v. Wal-Mart Stores, Inc., 980 So. 2d 1226, 1228 (Fla. 1st DCA 2008); McClellan v. Florida Parole Comm’n, 959 So. 2d 827 (Fla. 1st DCA 2007). We will rule on Respondent’s motion for sanctions by separate order. LEWIS, WETHERELL, and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Thomas A. Valdez of Quintairos, Prieto, Wood & Boyer, P.A., Tampa and Lars Bodnieks of Quintairos, Prieto, Wood & Boyer, P.A., Miami, for Petitioners. Bryan S. Gowdy and Daniel Mahfood of Creed & Gowdy, P.A., Jacksonville, for Respondent.


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