Simpson v. Broward County, 70--546

• Decision Date: 25 November 1970
• Docket Number: No. 70--546,70--546
• Citation: 241 So.2d 193
• Court: Florida District Court of Appeals
• Parties: Ralph E. SIMPSON and Isabelle G. Simpson, his wife, Lloyd Gensemer, Edward J. Smola, Rita Walker Shaw and E. Clay Shaw, her husband, Petitioners, v. BROWARD COUNTY, a political subdivision of the State of Florida, Respondent.

Page 193

241 So.2d 193

Ralph E. SIMPSON and Isabelle G. Simpson, his wife, Lloyd Gensemer, Edward J. Smola, Rita Walker Shaw and E. Clay Shaw, her husband, Petitioners, v. BROWARD COUNTY, a political subdivision of the State of Florida, Respondent.

No. 70--546.

District Court of Appeal of Florida, Fourth District.

Nov. 25, 1970.

Robert M. Sturrup, of Sturrup & Della-Donna, Fort Lauderdale, Fuer, Fleet & Abram, Jack Milbery, Hollywood, and E. Clay Shaw, Jr., Fort Lauderdale, for appellants.

John U. Lloyd, County Atty., and Ronald E. Lee, Asst. County Atty., Fort Lauderdale, for appellee.

OWEN, Judge.

In an eminent domain proceeding seeking an air navigation (avigation) righr and easement in order to establish and maintain a Clear Zone Approach Area at the Fort Lauderdale-Hollywood International Airport in Broward County, Florida, the court entered its pretrial order which provided that at the trial of this cause the defendants would not be permitted to place into evidence certain sound recordings or other evidence concerning noise from aircraft using the easement. The defendants seek to have this order reviewed by this original petition for writ of certiorari.

Generally speaking, the discretionary writ of certiorari will be granted to review an interlocutory order (not otherwise reviewable by interlocutory appeal) only in those cases in which it clearly appears that there is no full, adequate and complete remedy available to the petitioner by appeal after final judgment. Employers Fire Insurance Company v. Blanchard, Fla.App.1970, 234 So.2d 381; Taylor v. Board of Public Instruction of Duval County, Fla.App.1961, 131 So.2d 504; Boucher v. Pure Oil Co., Fla.App.1957, 101 So.2d 408. Petitioners' assertion that the order in this case will...