THOMAS LEONE, APPELLANT.
v.
TOWN OF PALM BEACH, A MUNICIPAL CORPORATION, AND CHARLES H. WARWICK AND ROBERT G. KNOX, JOINTLY AND SEVERALLY, APPELLEE
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The court dismissed an interlocutory appeal challenging the trial court's order striking punitive damages from two counts of a complaint, holding that no basis existed for appellate review under Florida Appellate Rule 4.2 and that certiorari was unavailable because a full remedy existed by appeal after final judgment.
An interlocutory order striking punitive damages from a complaint in a case formerly cognizable at law is not reviewable by interlocutory appeal or certiorari when a full, adequate, and complete remedy is available by appeal after final judgment.
[1] Interlocutory orders striking punitive damages in cases formerly cognizable at law are reviewable by certiorari only when no full, adequate, and complete remedy is availa…
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Join FLexlaw to unlock all legal intelligenceLeone sought interlocutory appellate review of a trial court order striking the prayer for punitive damages in two counts of his three-count complaint…
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PER CURIAM.
In an action formerly cognizable at law, the plaintiff seeks to review by interlocutory appeal the trial court’s order striking the prayer for punitive damages in two counts of plaintiff’s three count complaint. As there is no basis for treating this as an interlocutory appeal under F.A.R. 4.2, we dismiss the appeal. Casper v. Beshany, 351 So. 2d 1110 (Fla. 4th DCA), Opinion issued November 9, 1977; Longo v. Collins, 106 So. 2d 1 (Fla. 1st DCA 1958).
Furthermore, we will not treat the interlocutory appeal as a petition for writ of certiorari because “interlocutory orders in cases previously cognizable at law are reviewable by certiorari only when it clearly appears that there is not full, adequate and complete remedy available by appeal after final judgment”. Johnson v. General Motors Corp., 350 So. 2d 1119 (Fla. 4th DCA 1977). Welsh v. Tropical Roofing Co., 127 So. 2d 894 (Fla. 2d DCA 1961) is directly on point. The trial court struck a prayer for punitive damages from the complaint and the Second District held that an interlocutory appeal was improper and that certiorari could not be granted. See also, Siegel v. Abramowitz, 309 So. 2d 234 (Fla. 4th DCA 1975). But see, Allstate Insurance Co. v. Gibbs, 340 So. 2d 1202 (Fla. 4th DCA 1976) (this court granted certiorari to review a discovery order and at the same time reviewed .the denial of the defendant’s motion to dismiss the punitive damage count in plaintiff’s complaint). In Gibbs, certiorari would not have been proper in the absence of the discovery issue.
APPEAL DISMISSED.
DOWNEY, ANSTEAD and MOORE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Humphrey v. Seminole Cnty. Court, 309 So. 2d 234 (Fla. 4th DCA 1975)
- Allstate Ins. Co. v. Gibbs, 340 So. 2d 1202 (Fla. 4th DCA 1976)
- Longo v. Collins, 106 So. 2d 1 (Fla. 1st DCA 1958)
- Welsh v. Tropical Roofing Co., 127 So. 2d 894 (Fla. 2d DCA 1961)
- Johnson v. Gen. Motors Corp., 350 So. 2d 1119 (Fla. 4th DCA 1977)
- Guardian Mortg. Invs. & Charter Advisory Co. v. Urban Med. Servs., Inc., 350 So. 2d 1119 (Fla. 1st DCA 1977)
- Casper v. Beshany, 351 So. 2d 1110 (Fla. 4th DCA 1977)