Vanco Const., Inc. v. Nucor Corp., 79-423
| Decision Date | 02 January 1980 |
| Docket Number | No. 79-423,79-423 |
| Citation | 378 So.2d 116 |
| Parties | VANCO CONSTRUCTION, INC., Petitioner, v. NUCOR CORPORATION, Respondent. |
| Court | Florida District Court of Appeals |
Thomas M. Burke of Rumberger, Kirk & Caldwell, Orlando, for petitioner.
This is a petition for a writ of common law certiorari to review an order of the trial court denying petitioner's motion for summary judgment. An order denying a motion for summary judgment is not among those non-final orders which may be reviewed by interlocutory appeal pursuant to Rule 9.130, Fla.R.App.P. The question then is whether this Court should review such order by common law certiorari.
Petitioner is a third-party defendant in the trial court, wherein the third-party plaintiff seeks a judgment against it for contribution and/or indemnity. Petitioner urges in its petition here that without question the trial court departed from the essential requirements of law in denying its motion for summary judgment; that respondent cannot prevail on its third-party complaint and that petitioner will therefore suffer irreparable harm if it is required to proceed through a trial in order to prevail. Additionally, petitioner says that there will be a considerable saving of judicial time and effort if this Court terminates the third-party litigation now.
As appealing as this argument may be, for the reasons set forth in Praet v. Martinez, 367 So.2d 657, (Fla. 3d DCA 1979) and Liebman v. Sportatorium, 374 So.2d 1124 (Fla. 4th DCA 1979) the petition for certiorari must be denied. As stated in Liebman, supra, even assuming the trial court's order to be a departure from the essential requirements of law (a point which we obviously do not decide) no injury appears which cannot be remedied after final judgment, and for all we know, if indeed it is error, the trial judge may correct it before or during trial.
If, as petitioner says, it may have to go through a needless trial, this burden has been repeatedly held not to constitute material injury of an irreparable nature. Liebman, supra; Santini Brothers, Inc., v. Grover, 338 So.2d 79 (Fla. 4th DCA 1976). In Siegel v. Abramowitz, 309 So.2d 234 (Fla. 4th DCA 1975) Judge Downey eloquently states the reason for refusing to review interlocutory orders which can adequately be reviewed after final judgment, and the reasons expressed there are even more appropriate today.
Accordingly, the petition for writ of certiorari is denied.
...
To continue reading
Request your trial
-
Tucker v. Resha
...quash an interlocutory order. Crocker Construction Co. v. Hornsby, 562 So.2d 842 (Fla. 4th DCA 1990); Boucher; Vanco Constr. Co. v. Nucor Corp., 378 So.2d 116 (Fla. 5th DCA 1980). The Florida Supreme Court has ruled that a non-final order, like the present one not reviewable under Rule 9.13......
-
Dauer v. Freed
...389 So.2d 218 (Fla. 5th DCA 1980) (same); Peavy v. Parrish, 385 So.2d 1034 (Fla. 4th DCA 1980) (same); Vanco Construction, Inc. v. Nucor Corporation, 378 So.2d 116 (Fla. 5th DCA 1980) (order denying defendant's motion for summary judgment not appealable); State Farm Mutual Automobile Insura......
-
Paine, Webber, Jackson & Curtis, Inc. v. Lucas
...the use of common law certiorari as a method of review of an otherwise non-appealable, non-final order. Vanco Construction, Inc. v. Nucor Corporation, 378 So.2d 116 (Fla. 5th DCA 1980). But, this general principle presupposes the existence of otherwise proper litigation. If the purpose of a......
-
Miami-Dade Cnty. v. Rodriguez
...for summary judgment or a motion to dismiss willnot be reviewed through certiorari for this reason. See Vanco Constr., Inc. v. Nucor Corp., 378 So. 2d 116 (Fla. 5th DCA 1980); Johnson v. Henningson, 370 So. 2d 60 (Fla. 4th DCA 1979), cert. denied and appeal dismissed, 383 So. 2d 1196 (Fla. ......