JANE L. JOHNSON, AS ADMINISTRATOR OF THE ESTATE OF TRADY JOHNSON, JR., DECEASED, PETITIONER,
v.
GENERAL MOTORS CORPORATION, A FOREIGN CORPORATION, RESPONDENT
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Petition for certiorari review of an interlocutory evidentiary order in a case previously cognizable at law is denied because petitioner has an adequate remedy by appeal after final judgment.
Interlocutory orders in cases previously cognizable at law are reviewable by certiorari only when no full, adequate, and complete remedy is available by appeal after final judgment.
[1] Interlocutory orders in cases previously cognizable at law are reviewable by certiorari only when it clearly appears there is no full, adequate, and complete remedy avail…
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Join FLexlaw to unlock all legal intelligencePetitioner sought review of an interlocutory evidentiary order entered in a case previously cognizable at law, arguing for expedited review by certior…
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PER CURIAM.
Petitioner seeks review of an interlocutory evidentiary order entered in a case previously cognizable at law. In a trilogy of cases, each authored by Judge Downey, this court has unequivocally held that interlocutory orders in cases previously cognizable at law are reviewable by certiorari only when it clearly appears there is no full, adequate and complete remedy available by appeal after final judgment. The fact that it would be expedient from the standpoint of one or both of the parties to have the propriety of the interlocutory order reviewed by writ of certiorari is not sufficient to warrant granting that writ. Siegel v. Abramowitz, 309 So. 2d 234 (Fla. 4th DCA 1975); Solitron Devices, Inc. v. Reiland, 311 So. 2d 729 (Fla. 4th DCA 1975); and Santini Brothers, Inc. v. Grover, 338 So. 2d 79 (Fla. 4th DCA 1976).
If this case goes to trial petitioner may prevail even though the disputed evidence is admitted. In that event it would not be necessary for this court to review the decision of the trial court excluding the evidence. On the other hand, if respondent should prevail, petitioner would have a full, adequate and complete remedy available by appeal after final judgment.
CERTIORARI DENIED.
ALDERMAN, C. J., DAUKSCH and LETTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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George Hubacher, D.O. v. June Landry et vir., 360 So. 2d 42 (Fla. 3d DCA 1978)…rari review does not lie under such circumstances. Kilgore v. Bird, 149 Fla. 570, 6 So. 2d 541, 545 (1942); Tart v. State, 96 Fla. 77, 117 So. 698 (1928); Ford Motor Co. v. Nelson, 355 So. 2d 158 (Fla. 4th DCA 1978); Johnson v. General Motors Corp., 350 So. 2d 1119 (Fla. 4th DCA 1977); Pullman Co. v. Fleishel, 101 So. 2d 188 (Fla. 1st DCA 1958). There is another compelling consideration which supports the result which we reach in this case. It is the medical defendant herein who seeks certiorari review from t…
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In re the Est. of Grace Zaloudek, 356 So. 2d 1326 (Fla. 4th DCA 1978)…ory appeal from a non-final order in a probate action. In re Estate of Baker, 327 So. 2d 205 (Fla.1976); Tyler v. Huggins, 175 So. 2d 239 (Fla. 2 DCA 1965); In re Estate of Leterman, 238 So. 2d 695 (Fla. 3 DCA 1970); Johnson v. General Motors Corp., 350 So. 2d 1119 (Fla. 4 DCA 1977). Appeal DISMISSED. ALDERMAN, C. J., and MOORE, J., concur.…
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Casper v. Beshany, 351 So. 2d 1110 (Fla. 4th DCA 1977)…ri because interlocutory orders in cases previously cognizable at law are reviewable by certiorari only when it clearly appears there is no full, adequate and complete remedy available by appeal after final judgment. Johnson v. General Motors Corp., 350 So. 2d 1119 (Fla. 4th DCA, opinion filed October 18, 1977). APPEAL DISMISSED. ALDERMAN, C. J., and CROSS and LETTS, JJ., concur.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Humphrey v. Seminole Cnty. Court, 309 So. 2d 234 (Fla. 4th DCA 1975)
- Santini Bros., Inc. v. Grover, 338 So. 2d 79 (Fla. 4th DCA 1976)
- Solitron Devices, Inc. v. Reiland, 311 So. 2d 729 (Fla. 4th DCA 1975)