THOMAS MACH., INC.
v.
AINSWORTH INT'L, LLC

Fla. 3d DCA | 2019-05-01
No. 3D19-0013
Parker, Patterson, Ryder
273 So. 3d 189 Florida District Court of Appeal, Third District (2019)

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Synopsis

The Florida Third District Court of Appeal dismissed a petition for writ of certiorari, finding it lacked jurisdiction to review a non-final order denying a motion for leave to amend an answer and affirmative defenses. The court held that any error in such a denial is reviewable on a plenary appeal.


Holding

No, the court does not have certiorari jurisdiction. Any error in denying a motion for leave to amend pleadings is reviewable on a plenary appeal.


Headnotes

[1] An order denying a motion for leave to amend pleadings is a non-final order not subject to certiorari review and must be reviewed on plenary appeal.

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Key Quotes

“We grant Respondent’s motion to dismiss the petition because we lack certiorari jurisdiction to review the subject order; any error in denying Petitioner’s leave to amend its pleadings is reviewable on plenary appeal.”

This quote establishes the court's reasoning for dismissing the petition and the basis for its decision regarding the appropriate appellate path.

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Facts & Procedural History

Thomas Machinery, Inc. (Petitioner), the defendant below, sought certiorari review of a non-final order from the trial court. This order denied Petiti…

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Opinion of the Court

Third District Court of Appeal

State of Florida

Opinion filed May 1, 2019. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D19-0013 Lower Tribunal No. 15-14018

________________

Thomas Machinery, Inc.,

Petitioner,

vs.

Ainsworth International, LLC,

Respondent.

On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge.

Zebersky Payne Shaw Lewenz, LLP, and Jordan A. Shaw and Kimberly A. Slaven (Fort Lauderdale), for petitioner.

Joseph E. Altschul, LLC, and Joseph E. Altschul and Alexandria L. Beaton (Pembroke Pines), for respondent.

Before LOGUE, SCALES and HENDON, JJ.

PER CURIAM.

ON MOTION TO DISMISS

Petitioner, defendant below, Thomas Machinery, Inc., seeks certiorari review of a non-final order of the trial court denying Petitioner’s motion for leave to file an amended answer and affirmative defenses. We grant Respondent’s motion to dismiss the petition because we lack certiorari jurisdiction to review the subject order; any error in denying Petitioner’s leave to amend its pleadings is reviewable on plenary appeal. Harry Pepper & Assocs, Inc. v. City of Cape Coral,

369 So. 2d 969, 970 (Fla. 2d DCA 1979).

Petition dismissed.


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