MODERNIZED TRUCKING, INC., APPELLANT,
v.
THE LOWELL DUNN COMPANY, APPELLEE

Fla. 3d DCA | 1995-03-08
No. 94-1554
Before NESBITT, BASKIN and GERSTEN, JJ.
652 So. 2d 864 Florida District Court of Appeal, Third District (1995) Caution
Cited by 21 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See DiStefano Constr., Inc. v. Fidelity and Deposit Co. of Maryland, 597 So. 2d 248 (Fla.1992); Balseca v. Callies Elec., Inc., 566 So. 2d 322 (Fla. 3d DCA 1990).


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  • Y.H. v. F.L.H. and K.W.H., 784 So. 2d 565 (Fla. 1st DCA 2001)
    …61 So. 2d 1276, 1277 (Fla. 2d DCA 1995). Only in rare cases, moreover, is “it appropriate to grant certiorari relief from orders denying motions to consolidate. See, e.g., Tommie v. LaChance, 412 So. 2d 439 (Fla. 4th DCA 1982).” Pages v. Dominguez, 652 So. 2d 864, 866 (Fla. 4th DCA 1995). The decision to consolidate actions ordinarily falls within the sound discretion of the trial court. Barnes v. Meece, 530 So. 2d 958 (Fla. 4th DCA 1988); Brody Constr. Inc. v. Fabri-Built Structures, Inc., 322 So. 2d 61 (F…
  • Philogene v. ABN Amro Mortg. Grp. Inc., 948 So. 2d 45 (Fla. 4th DCA 2006)
    …n in denying the Philogenes’ motion to consolidate, as there was no danger of inconsistent verdicts and the existence of common questions of law or fact did not mandate consolidation. See Fla. R. Civ. P. 1.270(a);1 see also Pages v. [*46] Dominguez, 652 So. 2d 864, 866 (Fla. 4th DCA 1995) (stating that a trial court’s refusal to consolidate separate actions involving common questions of law or fact is reviewed for abuse of discretion); Barnes v. Meece, 530 So. 2d 958, 958 (Fla. 4th DCA 1988) (finding that pro…
  • …l be heard by the same judge. In light of this transfer, which eliminates the risk of inconsistent rulings, we find no departure from the essential requirements of law in the trial court’s denial of the motion to consolidate. See Pages v. Dominguez, 652 So. 2d 864 (Fla. 4th DCA 1995). As to that portion of the order denying petitioners’ motion to intervene, we reverse.1 Florida Rule of Civil Procedure 1.280 provides that “[ajnyone claiming an interest in pending litigation may at any time be permitted to ass…

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