Santmyer v. Orange Paving and Const. Co., 91-2037

• Decision Date: 05 December 1991
• Docket Number: No. 91-2037,91-2037
• Parties: Gregory SANTMYER, Petitioner, v. ORANGE PAVING AND CONSTRUCTION CO., et al., Respondents. 589 So.2d 472, 16 Fla. L. Week. D3004
• Court: Florida District Court of Appeals

Page 472

589 So.2d 472

Gregory SANTMYER, Petitioner, v. ORANGE PAVING AND CONSTRUCTION CO., et al., Respondents.

No. 91-2037.

589 So.2d 472, 16 Fla. L. Week. D3004

District Court of Appeal of Florida,

Fifth District.

Dec. 5, 1991.

Petition for Writ of Certiorari; A Case of Original Jurisdiction.

Bruce Rogow, Bruce S. Rogow, P.A., Ft. Lauderdale, and Theodore M. Kraft, and Brent C. Miller, Jacobs & Goodman, P.A., Altamonte Springs, for petitioner.

Barbara A. Flanagan and Geoffrey D. Ringer, Maguire, Voorhis & Wells, Orlando, for respondents.

W. SHARP, Judge.

Petitioner has filed a petition for writ of certiorari to review the dismissal of his complaint for failure to comply with Florida Rule of Civil Procedure 1.070(j). He has also filed a notice of appeal to review the same order of dismissal. Respondent moved to strike the petition because it is duplicative of the appeal. We treated the motion as one to dismiss and ordered petitioner to respond. Petitioner argues certiorari is a viable review route, although in this case it duplicates the appeal. We disagree.

Certiorari is not appropriate where an adequate remedy exists by way of appeal from the final judgment. Department of Health and Rehabilitative Services v. C.G., 556 So.2d 1243 (Fla. 5th DCA 1990); Carroll Contracting v. Edwards, 528 So.2d 951 (Fla. 5th DCA 1988); Industrial Tractor Company v. Bartlett, 454 So.2d 1067 (Fla. 5th DCA 1984). Case law interpreting rule 1.070(j) involves appeals; none involves certiorari review. See Partin v. Flagler Hospital, Inc., 581 So.2d 240, 241 (Fla. 5th DCA 1991) (appeal of an order dismissing plaintiff's case without prejudice). See also Greco v. Pedersen, 583 So.2d 783 (Fla. 2d DCA 1991); Hill v. Hammerman, 583 So.2d 368 (Fla. 4th DCA 1991); Estate of Schafer v. Schafer, 582 So.2d 121 (Fla. 3d DCA 1991); Morales v. Sperry Rand Corp., 578 So.2d 1143 (Fla. 4th DCA 1991); Berdeaux v. Eagle-Picher Ind., Inc., 575 So.2d 1295 (Fla. 3d DCA 1991).

Accordingly, we dismiss this petition for certiorari on the sole ground that we lack jurisdiction, since the proper method of review is by an appeal.

DISMISSED.

DAUKSCH and GRIFFIN, JJ., concur.