MILAN DAVICH, JR., PETITIONER,
v.
NORMAN BROTHERS NISSAN, ETC., ET AL., RESPONDENT

Fla. 5th DCA | 2002-03-01
No. 5D02-268
HARRIS and ORFINGER, R.B., JJ„ concur., GRIFFIN, J., concurs specially, with opinion.
807 So. 2d 825 Florida District Court of Appeal, Fifth District (2002) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

DENIED.

HARRIS and ORFINGER, R.B., JJ„ concur. GRIFFIN, J., concurs specially, with opinion.

Concurrence
GRIFFIN, J.,

GRIFFIN, J.,

concurring specially.

I do not understand the application of “law of the case” doctrine to a discovery ruling that was not made the subject of certiorari review. Nor do I understand its application to an issue upon which this court did not rule. Florida Dep’t of Transp. v. Juliano, 801 So. 2d 101 (Fla.2001).

I do agree, however, that a writ of mandamus is not warranted. If there is an appeal, we can decide at that time whether the lower court’s refusal to allow discovery of damage to 1992 model year vehicles constitutes reversible error.


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  • Harvey v. State, 836 So. 2d 1102 (Fla. 5th DCA 2003)
    …d signed by an attorney licensed to practice in the State of Florida. The clerk of this court is directed not to accept from Harvey, as petitioner or appellant, any further pro se pleadings or filings which relate to that case. See Ellison v. State, 807 So. 2d 825 (Fla. 5th DCA), rev. denied, 829 So. 2d 917 (Fla.2002); Jackson v. Florida Dep’t of Corrections, 790 So. 2d 398 (Fla. [*1103] 2001); Vickson v. Singletary, 734 So. 2d 376 (Fla.1999). PETITION DENIED. SAWAYA, J., and COBB, W., Senior Judge concur…

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