DAISY ELENA IZQUIERDO, AS ADMINISTRATRIX OF THE ESTATE OF FACUNDO IZQUIERDO, DECEASED, PETITIONER,
v.
MIRAMAR MOTORS, INC., A FLORIDA CORPORATION, AND AMERICAN BANKERS INSURANCE COMPANY OF AMERICA, A FLORIDA CORPORATION, RESPONDENTS
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The Florida District Court of Appeal, Third District, dismissed a petition for certiorari because the petitioner had an adequate remedy by appeal. The lower court's order dismissing the complaint was final and appealable.
Yes, a final order dismissing a complaint provides an adequate remedy by appeal, which precludes the use of certiorari for review.
“It is apparent that the order, review of which is sought by petitioner, is final in nature.”
Establishes the nature of the lower court's order.
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Join FLexlaw to unlock all legal intelligenceThe petitioner sought review of a lower court's order dismissing her complaint via a petition for certiorari. The order granted the defendant's motion…
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The petitioner seeks review of an order dismissing her complaint and cause in the lower court by certiorari proceedings.1
It is apparent that the order, review of which is sought by petitioner, is final in nature. See: Howard Johnson, Inc. of Florida v. State Road Department of Florida, Fla.1956, 90 So.2d 306; Womack v. Goldberg, Fla.App.1960, 117 So.2d 758. Therefore, there being an adequate remedy by appeal [See: Wieczorek v. Williams, Fla.1954, 71 So.2d 262; Burdine’s, Inc. v. Drennon, Fla.1957, 97 So.2d 259; Hastings v. Osius, Fla.1958, 104 So.2d 21] the petition for certiorari is dismissed.
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Wash. Sec. Co. v. Tracy's Plumbing & Pumps, Inc., 166 So. 2d 680 (Fla. 2d DCA 1964)…a final order. Palm Shores, Inc. v. Nobles, 1941, 149 Fla. 103, 5 So. 2d 52. An order granting a motion to dismiss the complaint which, in addition, dismisses the cause is appealable as a final order. Izquierdo v. Miramar Motors, Inc., Fla.App.1963, 155 So. 2d 420. But in the comparable situation where no final judgment has been entered consequent to the appeal order, which merely grants a motion for summary judgment, the order is not final and is not appealable. See e. g. Williams v. Maddren, Fla.App.1962,…
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Emp'rs Fire Ins. Co. v. Blanchard, 234 So. 2d 381 (Fla. 2d DCA 1970)…Spears, Fla.App.1960, 123 So. 2d 689; Riedel v. Driscoll, Fla.App. 1964, 127 So. 2d 924; Pullman Company v. Fleishel, Fla.App. 1958, 101 So. 2d 188; Suez Co. v. Hodgins, Fla.App.1962, 137 So. 2d 231; Izquierdo v. Miramar Motors, Inc., Fla.App. 1963, 155 So. 2d 420; Bloomfield v. Mayo, Fla.App. 1960, 119 So. 2d 417. The instant interlocutory order is not possessed of any of the characteristics which would make it reviewable by common law certiorari under the rationale of the myriad of appellate decisions exem…
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Milton v. Milich and Sylvia Milich, 263 So. 2d 263 (Fla. 3d DCA 1972)…lying that provision of the code, it has been held that failure to exhaust such administrative remedies will preclude independent court action challenging a ruling of the zoning appeals board. Bird Road Baptist Church, Inc. v. Stevens, Fla.App.1963, 155 So. 2d 420; Crudele v. Cook, Fla.App.1963, 165 So. 2d 424. Cf. Hasam Realty Corporation v. Dade County, Fla.App.1965, 178 So. 2d 747. In view of those provisions of the code of Metropolitan Dade County we hold, as did the trial judge, that the court challenge…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lawrence v. Hastings, 104 So. 2d 21 (Fla. 1958)
- Howard Johnson, Inc. v. State Rd. Dep't OF Fla., 90 So. 2d 306 (Fla. 1956)
- Marvell Womack v. Burton F. Goldberg and Joyce S. Goldberg, 117 So. 2d 758 (Fla. 3d DCA 1960)
- Wieczorek v. Williams, 71 So. 2d 262 (Fla. 1954)
- Burdine's, Inc. v. Drennon, 97 So. 2d 259 (Fla. 1957)