ECHEVARRIA, MCCALLA, RAYMER, BARRETT & FRAPPIER, A FLORIDA GENERAL PARTNERSHIP; BARRETT, DAFFIN & FRAPPIER, L.L.P., A FOREIGN LIMITED LIABILITY PARTNERSHIP; MCCALLA, RAYMER, PADRICK, COBB, NICHOLS & CLARK, L.L.C., A GEORGIA LIMITED LIABILITY COMPANY ENGAGING IN THE PRACTICE OF LAW; ECHEVARRIA & ASSOCIATES, P.A., A FLORIDA CORPORATION ENGAGED IN THE PRACTICE OF LAW; AND MICHAEL ECHEVARRIA, INDIVIDUALLY, PETITIONERS,

v.

BRADLEY COLE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, RESPONDENT

Citator

Cited By

• Waste Mgmt., Inc. v. Mora, 940 So. 2d 1105 (Fla. 2006)
  …an additur in Beyer after reasoning that a plaintiff could not be the “party adversely affected” by additur. Mora, 911 So. 2d at 1251. The Fourth District then certified conflict with Beyer. The First District Court of Appeal in Bamford v. Williams, 896 So. 2d 779 (Fla. 1st DCA 2004), agreed with the Fourth District. ANALYSIS The resolution of the conflict between the decisions of the First and Fourth Districts and the decision of the Second District is an issue of statutory construction. Our standard of re…
• Mora v. Waste Mgmt., Inc., 911 So. 2d 1251 (Fla. 4th DCA 2005)
  …in the case of an additur, a plaintiff can be a “party adversely affected” within the meaning of section 768.043(1). We thus take this opportunity to certify conflict with that decision.1 TAYLOR and HAZOURI, JJ., concur. . In Bamford v. Williams, 896 So. 2d 779, 780 (Fla. 1st DCA 2004), the First District noted the conflict between the decisions in Brant and Beyer and elected to follow Brant after concluding that the holding in Beyer "would preclude any appeal by simply granting an inadequate additur or re…
• Adorno & Yoss, LLP v. Soltero, 133 So. 3d 1124 (Fla. 3d DCA 2014)
  …ion precedent to invoking a district court’s certiorari jurisdiction, the petitioning party must establish that it has suffered an irreparable harm that cannot be remedied on direct appeal.”); Echevarria, McCalla, Raymer, Barrett & Frappier v. Cole, 896 So. 2d 779 (Fla. 1st DCA 2004). Accordingly, the petition for writ of cer-tiorari is dismissed for lack of jurisdiction.…

Authorities Cited

• The Bared & Co., Inc. v. McGUIRE, 670 So. 2d 153 (Fla. 4th DCA 1996)
• Jaye v. Royal Saxon, Inc, 720 So. 2d 214 (Fla. 1998)
• Gourley v. Szabo, 869 So. 2d 765 (Fla. 1st DCA 2004)