HOWARD V. PATTERSON, ETC., PETITIONER,
v.
MCARTHUR WHITEHEAD ET AL., RESPONDENTS; JOSEPH RONALD ROEBUCK, ETC., PETITIONER, V. MCARTHUR WHITEHEAD ET AL., RESPONDENTS

Fla. 1st DCA | 1978-07-20
No. KK-186
BOYER, Acting C. J., and SMITH and MELVIN, JJ., concur.
360 So. 2d 1136 Florida District Court of Appeal, First District (1978) Positive Treatment
Cited by 5 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This petition for common law certiorari fails to demonstrate that the trial court has acted without or in excess of its jurisdiction, or has departed from the essential requirements of law and that an appellate remedy would be inadequate. Petitioners complain of the court’s denial of petitioners’ motion “in limine” for entry of a pre-trial order forbidding the mention at trial of the taking and testing of blood samples from petitioners’ decedents, who received fatal injuries in an automobile collision. The admissibility of such evidence, notwithstanding the terms of Section 316.-066, Florida Statutes (1977), must ordinarily be determined at trial upon the evidence then submitted. Though prospective evidentiary rulings are often convenient and desirable, they may not ordinarily be reviewed immediately by proceedings in the nature of common law certiorari. This record suggests no unusual circumstances justifying pretrial appellate review of such an order. Without prejudice to the trial court’s ruling at trial and appellate review if necessary following final judgment, the petition is DENIED.

BOYER, Acting C. J., and SMITH and MELVIN, JJ., concur.


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  • Fla. Power & Light Co. v. Glazer, 671 So. 2d 211 (Fla. 3d DCA 1996)
    …So. 2d 1142 (Fla. 3d DCA 1996) (citing Combs v. State, 436 So. 2d 93, 96 (Fla.1983)). The order sought to be reviewed does not present such a situation and does not warrant the extraordinary remedy of cer-tiorari review. See Patterson v. Whitehead, 360 So. 2d 1136 (Fla. 1st DCA 1978). For the foregoing reason, the petition for prohibition is denied, and the petition for certiorari is dismissed. . Generally, in reported cases and other literature the discussion deals with electric and magnetic fields or EMFs…
  • Hopewell, LLC v. Causseaux, 146 So. 3d 538 (Fla. 1st DCA 2014)
    …ioner has failed to show the trial court’s order caused petitioner irreparable harm that cannot be remedied on appeal, we dismiss the petition. See Riano v. Heritage Corp. of S. Fla., 665 So. 2d 1142, 1144 (Fla. 3d DCA 1996); Patterson v. Whitehead, 360 So. 2d 1136 (Fla. 1st DCA 1978). PETITION DISMISSED. ROBERTS, MARSTILLER, and SWANSON, JJ., concur.…
  • Burkhart v. Arthrex, Inc. (Fla. 2d DCA 2022)
    …be available to the appellate court for review."). And the portion of the order that precludes Dr. Burkhart from utilizing the "privileged" documents at trial is, as would be a motion in limine, similarly unreviewable. See Patterson v. Whitehead, 360 So. 2d 1136, 1136 (Fla. 1st DCA 1978) ("Though prospective evidentiary rulings are often convenient and desirable, they may not ordinarily be reviewed immediately by proceedings in the nature of common law certiorari."). III. Privilege and Disqualification As a…

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