Martin-Johnson, Inc. v. Savage, MARTIN-JOHNSO
| Citation | 488 So.2d 567,11 Fla. L. Weekly 1191 |
| Decision Date | 28 April 1986 |
| Docket Number | No. BM-150,INC,MARTIN-JOHNSO,BM-150 |
| Parties | 11 Fla. L. Weekly 1191, 11 Fla. L. Weekly 978 , Petitioner, v. Tommie SAVAGE, Respondent. |
| Court | Court of Appeal of Florida (US) |
Gordon D. Cherr, Karl McConnaughhay, Roland, Maida & Beal, P.A., Tallahassee, for petitioner.
J. Nixon Daniel, III, Pensacola, for respondent.
Because petitioner will have an adequate remedy by appeal of a final order, the petition for writ of certiorari, seeking review of an order denying petitioner's motion to strike respondent's claim for punitive damages, is denied. Contra Sunrise Olds-Toyota, Inc. v. Monroe, 476 So.2d 240 (Fla. 5th DCA 1985); Jaimot v. Media Leasing Corp., 457 So.2d 529 (Fla. 5th DCA 1984).
In response to petitioner's request for certification of conflict, we hereby certify that, as the contra citation indicates, the decision in the present case is in direct conflict with the decisions in the cited cases of Sunrise Olds-Toyota, Inc. v. Monroe, 476 So.2d 240 (Fla. 5th DCA 1985), and Jaimot v. Media Leasing Corp., 457 So.2d 529 (Fla. 5th DCA 1984).
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...and the people of this district were entitled to know the views of every judge here upon the issue at hand, prior to the decision in Martin-Johnson, Inc., just as the supreme court should have been provided the benefit of all of our thoughts. That decision--establishing policy for the entir......
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Martin-Johnson, Inc. v. Savage
...& Lane, Pensacola, for respondent. BARKETT, Justice. We have for review the decision of the First District in Martin-Johnson, Inc. v. Savage, 488 So.2d 567 (Fla. 1st DCA 1986), certified to be in direct conflict with the decisions of the Fifth District in Sunrise Olds-Toyota, Inc. v. Monroe......
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Club Eden Roc, Inc. v. Fortune Cookie Restaurant, Inc.
...v. Media Leasing Corp., 457 So.2d 529 (Fla. 5th DCA 1984), which support common law certiorari review, but see Martin-Johnson, Inc. v. Savage, 488 So.2d 567 (Fla. 1st DCA 1986), on rehearing which deny such. We believe we should exercise our discretion to entertain such a petition to review......