Burdine's, Inc. v. Drennon
| Decision Date | 02 October 1957 |
| Citation | 97 So.2d 259 |
| Parties | BURDINE'S, Inc., Petitioner, v. Juanita DRENNON and Dorothy A. Allen, Respondents. |
| Court | Florida Supreme Court |
Barnes & Inman, Raymond E. Barns, Orlando, Salley & Roman and Thomas G. Spicer, Miami, for petitioner.
Brigham, Black, Niles, Wright & Dressler and Eugene P. Spellman, Miami, for Juanita Drennon.
Blackwell, Walker & Gray, Miami, for Dorothy A. Allen, respondent.
By petition for writ of certiorari Burdine's, Inc. seeks review of an order entered by the Circuit Judge under Section 440.39, Florida Statutes, F.S.A., making equitable distribution of a settlement made by Mrs. Drennon, a workmen's compensation claimant, with a third party tort-feasor after Mrs. Drennon had received certain benefits under the Workmen's Compensation Act.
The determining point is whether an order making equitable distribution of a recovery by a workmen's compensation claimant against a third party tort-feasor may be reviewed by certiorari. Mrs. Drennon's late husband, and employee of Burdine's, Inc., was killed by an accident arising out of and in the course of his employment. She petitioned for and received workmen's compensation benefits. Thereafter she pursued her remedies against a third party tort-feasor and made a substantial settlement. She petitioned the trial judge for an order making equitable distribution between herself and her late husband's employer in accordance with Section 440.39, Florida Statutes, F.S.A. The Circuit Judge made an apportionment and entered an order of equitable distribution. Being dissatisfied with the order, Burdine's, Inc., the employer, seeks review of same by petition for writ of certiorari.
The respondents have moved to dismiss the petition contending that the order of equitable distribution is a final order reviewable by appeal and therefore not reviewable by certiorari.
In at least three instances we have reviewed by appeal orders making equitable distributions under the Workmen's Compensation Act. See Arex Indemnity Co. v. Radin, Fla.1954, 72 So.2d 393; Baughman v. Aetna Casualty & Surety Company, Fla.1955, 78 So.2d 694; Insurance Company of Texas v. Rainey, Fla.1956, 86 So.2d 447. Admittedly in none of these cases was the propriety of the method of review directly considered. However, no case has been pointed out to us in which such an order has been reviewed by certiorari.
It is fundamental that certiorari is a discretionary writ and will not be granted when a full and adequate remedy by appeal is available. 3 Fla. Law and Practice 612, Certiorari, Sec. 13. It follows that if orders apportioning recoveries of this nature are properly reviewable by appeal, the petition for the writ in the instant case will have to be denied. Bartow Growers Processing Corp. v. Florida Growers Processing Cooperative, Fla.1954, 71 So.2d 165.
Ordinarily appeal may be taken only from final judgments and final decrees. Section 59.02(1, 2), Florida Statutes, F.S.A. By analogy we have held that an order in a proceeding supplementary to execution applying certain property to the satisfaction of the judgment is an independent final order ancillary to the principal proceeding and is appealable. In Orange Belt Packing Co. v. International Agricultural Corp., 112...
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Stansell v. Revolutionary Armed Forces Colombia
...Florida law governs this issue. In Florida, execution and garnishment proceedings are ancillary proceedings. See Burdine's, Inc. v. Drennon, 97 So.2d 259, 260 (Fla.1957) ; Williams Mgmt. Enters., Inc. v. Buonauro, 489 So.2d 160, 167–68 (Fla.Dist.Ct.App.1986). Thus, an execution or garnishme......
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Stansell v. Revolutionary Armed Forces Colombia
...Florida law governs this issue. In Florida, execution and garnishment proceedings are ancillary proceedings. See Burdine's, Inc. v. Drennon, 97 So.2d 259, 260 (Fla.1957); Williams Mgmt. Enters., Inc. v. Buonauro, 489 So.2d 160, 167–68 (Fla.Dist.Ct.App.1986). Thus, an execution or garnishmen......
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Hastings v. Osius
...those from which appeals may be taken direct to the supreme court or to a circuit court.' In Slatcoff v. Dezen, supa; Burdine's, Inc., v. Drennon, Fla.1957, 97 So.2d 259, and in many other cases we have held that certiorari is not available to review a judgment which may be reviewed by appe......
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Izquierdo v. Miramar Motors, Inc.
...117 So.2d 758. Therefore, there being an adequate remedy by appeal [See: Wieczorek v. Williams, Fla.1954, 71 So.2d 262; Burdine's, Inc. v. Drennon, Fla.1957, 97 So.2d 259; Hastings v. Osius, Fla.1958, 104 So.2d 21] the petition for certiorari is Dismissed. 1 Said order reads as follows: 'CO......
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The life of a money judgment in Florida is limited - for only some purposes.
...writ of execution was merely a proceeding "in relation to the judgment"). (48) FLA. R. CIV. P. 1.050. (49) See Burdines, Inc. v. Drennon, 97 So. 2d 259, 260 (Fla. 1957) (applying certain property to the satisfaction of the judgment); Green v. Ry. Exp. Agency, 96 So. 2d 790, 791 (Fla. 1957) ......