THE H.L.O.T. FAMILY LIMITED PARTNERSHIP AND U.I.L. FAMILY LIMITED PARTNERSHIP, PETITIONERS,
v.
MAGNOLIA PLANTATION PROPERTY OWNERS' ASSOCIATION, INC., RESPONDENT
THE H.L.O.T. FAMILY LIMITED PARTNERSHIP AND U.I.L. FAMILY LIMITED PARTNERSHIP, PETITIONERS,
MAGNOLIA PLANTATION PROPERTY OWNERS' ASSOCIATION, INC., RESPONDENT
801 So. 2d 292
Florida District Court of Appeal, First District (2001)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The petition for writ of certiorari is denied. Certiorari review generally does not lie to review the denial of a motion to dismiss. Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097, 1099 (Fla.1987). Moreover, the mere expense and inconvenience of litigation does not constitute harm sufficient to permit certiorari review, even if the order departs from the essential requirements of the law. Id. at 1100.
PETITION DENIED.
BARFIELD, VAN NORTWICK and POLSTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Champaign Nat'l Bank & Tr. v. SOS Indus., Inc., 847 So. 2d 1164 (Fla. 5th DCA 2003)…or equivalent motions for judgment on the pleadings because the aggrieved party has a remedy on appeal. See Martin Johnson v. Savage, 509 So. 2d 1097 (Fla.1987); H.L.O.T. Family Limited Partnership v. Magnolia Plantation Property Owners’ Ass’n, Inc. 801 So. 2d 292 (Fla. 1st DCA 2001). Certiorari is not a writ of expediency and cannot be used to circumvent the non-final appeal rule. See S.H. v. Dept. of Children and Families, 769 So. 2d 452 (Fla. 5th DCA 2000); Hawaiian Inn of Daytona Beach, Inc. v. Snead Co…
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City OF Fort Meade & Gallagher Bassett Servs., Inc. v. Brown, 823 So. 2d 855 (Fla. 1st DCA 2002)…PER CURIAM. DENIED. H.L.O.T. Family Limited Partnership v. Magnolia Plantation Property Owners’ Association, Inc., 801 So. 2d 292 (Fla. 1st DCA 2001). ERVIN, WOLF and PADOVANO, JJ., concur.…
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ST. Paul Guardian INS. Co. v. Bukauskas, 867 So. 2d 1268 (Fla. 5th DCA 2004)…vage, 509 So. 2d 1097 (Fla.1987). The mere expense and inconvenience of further litigation does not constitute harm sufficient to permit certiorari review. H.L.O.T. Family Limited Partnership v. Magnolia Plantation Property Owners Association, Inc., 801 So. 2d 292 (Fla. 1st DCA 2001). We conclude that certiorari relief is not appropriate under the facts of this case because the issues raised in this proceeding are renewable on direct ap [*1269] peal. See, e.g., Caruso v. Super Vision International, Inc., 845…
Authorities Cited
- Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)