OCHOPEE LP GAS COMPANY ET AL., PETITIONERS,
v.
EVANS GAS, INCORPORATED, ET AL., RESPONDENTS

Fla. 2d DCA | 1977-04-13
No. 76-1936
McNULTY, A. C. J., and SCHEB and OTT, JJ., concur.
344 So. 2d 635 Florida District Court of Appeal, Second District (1977) Caution
Cited by 5 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioners seek certiorari to vacate the order of the lower court staying trial on their complaint pending disposition of a federal administrative action concerning regulatory violations upon which their complaint is based.

Common law certiorari is, of course, a discretionary writ which will not issue absent a departure by the lower tribunal from the essential requirements of law resulting in irreparable injury. Notwithstanding that petitioners here may well have demonstrated error on the part of the trial court in staying the cause, they have failed to demonstrate that such error rose to the dignity of a departure from essential legal requirements, or that irrevocable injury will result.

In view whereof, the petition for certiorari should be, and it is hereby, denied.

McNULTY, A. C. J., and SCHEB and OTT, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …nied and the plaintiff allowed to adduce evidence in behalf of his pleading. Lykes Bros., 41 So. 2d at 900; and Okaloosa Island Leaseholders Association, Inc. v. Okaloosa Island Authority, 308 So. 2d 120 (Fla. 1st DCA 1975). See also, Mills v. Ball, 344 So. 2d 635, 638 (Fla. 1st DCA 1977).3 The wisdom of this rule is particularly evident in this case where we have been asked to rule for the first time on constitutional questions of considerable magnitude, without the benefit of any record except the various…
  • Mr. & Mrs. Dale Appel v. Scott, 479 So. 2d 800 (Fla. 2d DCA 1985)
    …getting a declaration of right in accordance with his theory and contention, but whether he is entitled to a declaration of rights at all. Modernage Furniture Corp. v. Miami Rug Co., 84 So. 2d 916 (Fla.1955) (emphasis added). See also Mills v. Ball, 344 So. 2d 635, 638 (Fla. 1st DCA 1977), Talcott v. Central Bank and Trust Co., 220 So. 2d 411, 412 (Fla. 3d DCA 1969); Broward County v. Lerer, 203 So. 2d 672, 673 (Fla. 4th DCA 1967); Tulip Realty Co. of Florida, Inc. v. Führer, 155 So. 2d 637, 641 (Fla. 2d DCA…
  • Gov't Emps. Ins. Co. v. Anta, 379 So. 2d 1038 (Fla. 3d DCA 1980)
    …by the appellees that the dismissal was grounded upon and represented a ruling of the court on the merits against the plaintiff. If that is so, then the dismissal on motion, prior to the filing of answer and trial, was premature. See Mills v. Ball, 344 So. 2d 635, 638 (Fla. 1st DCA 1977), where the court said: “Unlike other actions, a motion to dismiss a petition for declaratory judgment does not go to the merits but goes only to the question of whether or not the plaintiff is entitled to a declaration of r…

Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw