Harry Pepper & Associates, Inc. v. City of Cape Coral
| Decision Date | 16 February 1979 |
| Docket Number | No. 78-2006,78-2006 |
| Citation | 369 So.2d 969 |
| Court | Florida District Court of Appeals |
| Parties | HARRY PEPPER & ASSOCIATES, INC., a Florida Corporation, Lewis Bass, and Charles L. Weisberg, Petitioners, v. CITY OF CAPE CORAL, Florida, a municipal corporation, Don Graf, Mayor, and Donald Roberts, Paul L. Fickinger, Edward C. Coleman, Arnold Weisberg, Gary L. Hinote, Lyman J. Moore and Hugh Gamble, Jr., Councilmen, as and constituting the City Council of the City of Cape Coral, Florida, and Gulf Contracting, Inc., a Florida Corporation, Respondents. |
Philip T. Weinstein, Miami, for petitioners.
Richard V. S. Roosa, of Aloia, Dudley & Roosa, Cape Coral, for respondents City of Cape Coral and Councilmen.
Daryl J. Brown, of Rosin, Abel, Band, Rosin & Brown, Chartered, Sarasota, for respondent Gulf Contracting.
We originally requested a response to this petition for certiorari because we perceived the petition as containing substantial merit. However, upon consideration we note that the order refusing petitioners' right to amend their complaint is interlocutory in nature, and petitioners will always have an adequate remedy to attack the propriety of the order by way of appeal from the final judgment. Pic v. Hoyt Development Co., Inc., 309 So.2d 586 (Fla.2d DCA 1975); Wright v. Sterling Drugs, Inc., 287 So.2d 376 (Fla.2d DCA 1973).
Accordingly, the petition for writ of certiorari is denied.
To continue reading
Request your trial
-
Trucap Grantor Trust 2010-1 v. Pelt
...review. See, e.g., Skyrme v. R.J. Reynolds Tobacco Co., 75 So. 3d 769, 771 (Fla. 2d DCA 2011); Harry Pepper & Assocs., Inc. v. City of Cape Coral, 369 So. 2d 969, 970 (Fla. 2d DCA 1979); Majestic Sun Owners' Ass'n, Inc. v. Fla. Condos I Ltd. P'ship, 895 So. 2d 534, 534 (Fla. 1st DCA 2005). ......
-
Skyrme v. R.J. Reynolds Tobacco Co.
...is not reviewable by certiorari because the error is later reviewable on plenary appeal. See, e.g., Harry Pepper & Assocs. v. City of Cape Coral, 369 So.2d 969, 970 (Fla. 2d DCA 1979); Hawaiian Inn of Daytona Beach, Inc. v. Snead Constr. Corp., 393 So.2d 1201, 1202 (Fla. 5th DCA 1981). Ther......
-
Harry Pepper & Associates, Inc. v. City of Cape Coral
...on the ground that appellants would have an adequate remedy by appeal from the final judgment, Harry Pepper & Associates v. City of Cape Coral, 369 So.2d 969 (Fla. 2d DCA 1979). Ultimately, this case proceeded to trial before Judge Thompson, who ruled that this case was moot and therefore d......
-
Thomas Mach., Inc. v. Ainsworth Int'l, LLC
...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 ...