STATE FARM MUTUAL AUTO INSURANCE CO.
v.
EMERGENCY MEDICAL ASSOCIATES OF FLORIDA, L.L.C.
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State Farm sought certiorari review of a trial court order finding it in contempt of court and awarding monetary sanctions to EMA in a PIP insurance dispute. The appellate court summarily denied the petition, concluding that certiorari review was inappropriate because any error could be corrected on direct appeal.
Certiorari review is inappropriate at this time because any error in the trial court's order may be readily corrected through direct appeal. Limited certiorari review is not available to circumvent the interlocutory appeal rule and engage in piecemeal review of nonfinal orders.
[1] Certiorari is an extraordinary remedy and should not be used to circumvent interlocutory appeal rules.
[2] Piecemeal review of non-final trial court orders will impede the orderly administration of justice and serve only to delay and harass.
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Join FLexlaw to unlock all legal intelligence“any error that might be present in the trial court's Order on August 8, 2018 Hearing may be readily corrected on direct appeal”
Establishes the court's rationale that direct appeal is the appropriate remedy rather than certiorari
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Join FLexlaw to unlock all legal intelligenceA discovery dispute arose between State Farm and EMA regarding PIP insurance claims. The trial court issued an Order on August 8, 2018 that found Stat…
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Before DAWSON, SHEA, and LATIMORE, J.J.
PER CURIAM.
In this PIP case, State Farm Mutual Auto Insurance Co. (State Farm), the Defendant below, timely seeks certiorari review of the trial court’s Order on August 8, 2018 Hearing, which was entered in favor of Emergency Medical Associates of Florida, L.L.C. (EMA), the Plaintiff below.1 P. 9.320. and that EMA was entitled to monetary sanctions.2 According to State Farm, the parties’ underlying discovery dispute has been resolved. State Farm urges that the court’s Order on August 8, 2018 Hearing was a departure from the essential requirements of law because it contained contempt rulings that were not announced by the court at the hearing and were otherwise unwarranted by the record. State Farm also urges that the court’s imposition of monetary sanctions and the stigma caused by the court’s contempt ruling result in irreparable harm. However, contrary to State Farm’s position, we determine that any error that might be present in the trial court’s Order on August 8, 2018 Hearing may be readily corrected on direct appeal. See Caruso v. Super Vision International, Inc., 845 So. 2d 947, 948 (Fla. 5th DCA 2003). Therefore, we conclude that appellate review by certiorari at the present time is inappropriate. See Reeves v. Fleetwood Homes of Fla., Inc., 889 So. 2d 812, 822 (Fla. 2004) (“Limited certiorari review is based upon the rationale that ‘piecemeal review of nonfinal trial court orders will impede the orderly administration of justice and serve only to delay and harass.’”) (quoting Jaye v. Royal Saxon, Inc., 720 So. 2d 214, 215 (Fla. 1998)); Martin–Johnson, Inc. v. Savage, 509 So. 2d 1097, 1098 (Fla. 1987) (“[C]ommon law certiorari is an extraordinary remedy and should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types of nonfinal orders.”). As in Caruso, we deny State Farm’s petition “without a determination on the merits, since any error can be corrected on direct appeal.” 845 So. 2d at 948. Accordingly, it is hereby ORDERED AND ADJUDGED as follows:
1. State Farm’s petition for writ of certiorari, filed on October 11, 2018, is DENIED without prejudice to State Farm challenging the trial court’s Order on August 8, 2018 Hearing on direct appeal.
3. State Farm’s Motion to Travel Together and Notice of Related Cases, filed on November 21, 2018, is DENIED AS MOOT. DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida, on this ______ day of ______________, 2019.
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- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
- Reeves v. Fleetwood Homes OF Fla., Inc., 889 So. 2d 812 (Fla. 2004)
- Jaye v. Royal Saxon, Inc, 720 So. 2d 214 (Fla. 1998)
- Caruso v. Super Vision Int'l, Inc., 845 So. 2d 947 (Fla. 5th DCA 2003)