THOMAS MACH., INC.
v.
AINSWORTH INT'L, LLC
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Third District Court of Appeal dismissed a petition for writ of certiorari, finding it lacked jurisdiction to review a non-final order denying a motion for leave to amend an answer and affirmative defenses. The court held that any error in such a denial is reviewable on a plenary appeal.
No, the court does not have certiorari jurisdiction. Any error in denying a motion for leave to amend pleadings is reviewable on a plenary appeal.
[1] An order denying a motion for leave to amend pleadings is a non-final order not subject to certiorari review and must be reviewed on plenary appeal.
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We grant Respondent’s motion to dismiss the petition because we lack certiorari jurisdiction to review the subject order; any error in denying Petitioner’s leave to amend its pleadings is reviewable on plenary appeal.”
This quote establishes the court's reasoning for dismissing the petition and the basis for its decision regarding the appropriate appellate path.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThomas Machinery, Inc. (Petitioner), the defendant below, sought certiorari review of a non-final order from the trial court. This order denied Petiti…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Plenary Appeal cases and more on FLexlaw
Third District Court of Appeal
State of Florida
Opinion filed May 1, 2019. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D19-0013 Lower Tribunal No. 15-14018
________________
Thomas Machinery, Inc.,
Petitioner,
vs.
Ainsworth International, LLC,
Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Miami-Dade County, Mavel Ruiz, Judge.
Zebersky Payne Shaw Lewenz, LLP, and Jordan A. Shaw and Kimberly A. Slaven (Fort Lauderdale), for petitioner.
Joseph E. Altschul, LLC, and Joseph E. Altschul and Alexandria L. Beaton (Pembroke Pines), for respondent.
Before LOGUE, SCALES and HENDON, JJ.
PER CURIAM.
ON MOTION TO DISMISS
Petitioner, defendant below, Thomas Machinery, Inc., seeks certiorari review of a non-final order of the trial court denying Petitioner’s motion for leave to file an amended answer and affirmative defenses. We grant Respondent’s motion to dismiss the petition because we lack certiorari jurisdiction to review the subject order; any error in denying Petitioner’s leave to amend its pleadings is reviewable on plenary appeal. Harry Pepper & Assocs, Inc. v. City of Cape Coral,
369 So. 2d 969, 970 (Fla. 2d DCA 1979).
Petition dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Harry Pepper & Assocs., Inc. v. City OF Cape Coral, 369 So. 2d 969 (Fla. 2d DCA 1979)