Killearn Properties, Inc. v. Hammons Asphalt Paving, Inc., PP-36
| Decision Date | 14 March 1980 |
| Docket Number | No. PP-36,PP-36 |
| Citation | 381 So.2d 1169 |
| Parties | KILLEARN PROPERTIES, INC., a Florida Corporation, Petitioner, v. HAMMONS ASPHALT PAVING, INC., a Florida Corporation, Respondent. |
| Court | Florida District Court of Appeals |
Edward S. Jaffry, of Horne, Rhodes, Jaffry, Horne & Carrouth, Tallahassee, for petitioner.
Julius F. Parker, Jr., of Madigan, Parker, Gatlin, Truett & Swedmark, Tallahassee, for respondent.
This cause is before us on petition for writ of common law certiorari, response and reply thereto. Review is sought of an order denying a motion to dismiss for failure to prosecute. Review of these types of orders by appeal was previously allowed under former Rule 4.2, Florida Rules of Appellate Procedure, but was omitted from the present rule, Rule 9.130, Florida Rules of Appellate Procedure. In the absence of a showing of irreparable injury beyond the fact of having to go through trial, 1 this court declines to exercise its jurisdiction to review by certiorari the nonfinal order denying motion to dismiss.
Accordingly, petition for writ of certiorari is DENIED without prejudice to petitioner's right to raise this question on appeal from final judgment.
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Marsh & McLennan, Inc. v. Aerolineas Nacionales Del Ecuador
...(Fla. 3d DCA 1987); Bowl America Florida, Inc. v. Schmidt, 386 So.2d 1203 (Fla. 5th DCA 1980); Killearn Properties, Inc. v. Hammons Asphalt Paving, Inc., 381 So.2d 1169 (Fla. 1st DCA 1980). 8 The order sought to be reviewed in the present case is the functional equivalent of a denial of the......
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Suburban Propane v. Estate of Pitcher
...of a showing of any irreparable injury beyond the fact of having to go through trial, compare Killearn Properties, Inc. v. Hammons Asphalt Paving, Inc., 381 So.2d 1169 (Fla. 1st DCA 1980), I am of the view that petitioner has failed to make any demonstration that would justify the exercise ......