GEORGE WHITESIDE AND NATIONWIDE MUTUAL INSURANCE COMPANY, PETITIONERS,
v.
JOANN JOHNSON AND JOSEPH R. JOHNSON, RESPONDENTS
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The court denied a petition for writ of certiorari challenging a trial court's denial of a motion to dismiss based on statute of limitations, holding that an adequate remedy by appeal after final judgment exists.
A writ of certiorari will not be granted when a full, adequate, and complete remedy is available by appeal after final judgment.
[1] A writ of certiorari will not be issued when a full and adequate remedy by appeal after final judgment is available to the petitioner.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Certiorari is not designed to serve as a writ of expediency and should not be granted merely to relieve the petitioners seeking the writ from the expense and inconvenience of a trial.”
The court explained why it would not grant certiorari despite finding petitioners' statute of limitations argument persuasive.
Petitioners sought a writ of certiorari to challenge the trial court's denial of their motion to dismiss respondents' complaint on statute of limitati…
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PER CURIAM.
Petitioners herein make a rather persuasive argument for the proposition that the trial court erroneously denied their motion to dismiss respondents’ complaint on the ground that it is barred by the statute of limitations. However, we decline to issue our discretionary common law writ of certiorari because there is a full, adequate and complete remedy available to petitioners by appeal after final judgment, should a final judgment adverse to petitioners ultimately be entered herein. Robinson v. Klein, 350 So. 2d 124 (Fla.2d DCA 1977); Employers Fire Insurance Company v. Blanchard, 234 So. 2d 381 (Fla.2d DCA 1970); Gulf Cities Gas Corporation v. Cihak, 201 So. 2d 250 (Fla.2d DCA 1967). See generally, Haddad, The Common Law Writ of Certiorari in Florida, 29 U.Fla.L.Rev. 207 (1977) and the cases cited therein. Certiorari is not designed to serve as a writ of expediency and should not be granted merely to relieve the petitioners seeking the writ from the expense and inconvenience of a trial. State v. Morey, 339 So. 2d 1139 (Fla.App.1976); Wright v. Sterling Drugs, Inc., 287 So. 2d 376 (Fla.2d DCA 1973).
Accordingly, the petition for writ of certiorari is denied without prejudice to the right of petitioners to seek review of the matters contained therein by way of appeal from final judgment.
HOBSON, Acting C. J., and GRIMES and RYDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (25 total)
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Parkway Bank v. Fort Myers Armature Works, Inc., 658 So. 2d 646 (Fla. 2d DCA 1995)…fy a pending lawsuit. Such orders typically are not reviewable by certiorari unless they present irreparable discovery issues. See, e.g., Mandico v. Taos Constr., Inc., 605 So. 2d 850 (Fla.1992) (workers compensation immunity); Whiteside v. Johnson, 351 So. 2d 759 (Fla. 2d DCA 1977) (denial of motion to dismiss); Peoples Gas Sys., Inc. v. Ashcraft, 339 So .2d 1163 (Fla. 2d DCA 1976) (denial of motion for summary judgment). Such issues can be remedied posttrial, albeit with greater expense and delay. Although…1 / 2
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Jaye v. Royal Saxon, Inc, 720 So. 2d 214 (Fla. 1998)…e arguments because we do not find these contentions to be of the nature which demonstrates irreparable harm. See Globe Newspaper Co., 658 So. 2d at 520; Martin-Johnson v. Savage, 509 So. 2d at 1100; Parkway, 658 So. 2d at 650; Whiteside v. Johnson, 351 So. 2d 759, 760 (Fla. 2d DCA 1977); Haddad, supra, at 223. Moreover, the nonjury trial may result in a decision by the trial judge that will cause the petitioner to conclude that there is no reason to seek appellate review. We distinguish our decision in Winca…
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Leslie Pearlstein, M.D. v. Malunney, 500 So. 2d 585 (Fla. 2d DCA 1986)…da) by the statute, it is necessary and appropriate for us to intervene at this juncture. We recognize, of course, that the mere expense of an unnecessary trial ordinarily would not warrant our issuance of a writ of certiorari. Whiteside v. Johnson, 351 So. 2d 759 (Fla. 2d DCA 1977). This rule of law, however, generally comes into play where the error complained of can be remedied by direct appeal. Wright v. Sterling Drugs, Inc., 287 So. 2d 376 (Fla. 2d DCA 1973). As we have said, relief by direct appeal woul…
Previewing 3 of 25 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wright v. Sterling Drugs, Inc., 287 So. 2d 376 (Fla. 2d DCA 1973)
- Gulf Cities GAS Corp. v. Cihak, 201 So. 2d 250 (Fla. 2d DCA 1967)
- Emp'rs Fire Ins. Co. v. Blanchard, 234 So. 2d 381 (Fla. 2d DCA 1970)
- State v. Morey, 339 So. 2d 1139 (Fla. 2d DCA 1976)
- Robinson v. Klein, 350 So. 2d 124 (Fla. 2d DCA 1977)