Welsh v. Tropical Roofing Co., 2196
| Decision Date | 22 March 1961 |
| Docket Number | No. 2196,2196 |
| Citation | 127 So.2d 894 |
| Parties | Joyce A. WELSH, individually and as surviving spouse of Frank J. Welsh, deceased, and as Administratrix of the Estate of Frank J. Welsh, deceased, Petitioner, v. TROPICAL ROOFING COMPANY, a Florida corporation, Robert Riccitielli and Walter Chruszczak, Respondents. |
| Court | Florida District Court of Appeals |
Lawrence G. Ropes, Jr., Edward S. Kelly, Kelly, Brooks & Ropes, Coral Gables, for petitioner.
Norman C. Roettger, Jr., Fleming, O'Bryan & Fleming, Fort Lauderdale, for respondents.
The plaintiff below filed a complaint against several defendants, one of whom was the Tropical Roofing Company, a Florida corporation, the owner of the automobile involved in a highway collision with a motor vehicle operated by plaintiff's decedent-husband. The plaintiff sought compensatory and punitive damages against each of the defendants.
The defendant, Tropical Roofing Company, filed a motion to strike the allegations relating to punitive or exemplary damages on the ground such damages were sought against it based solely on its vicarious liability; that an owner of a vehicle as such is not liable for exemplary or punitive damages; and that the allegations for punitive and exemplary damages are insufficient as a matter of law.
The lower court entered an order striking 'any claim in the amended complaint as to punitive damages against the defendant, Tropical Roofing Company.' It is to this order that the instant petition for certiorari is directed.
It will be observed that the action below was at common law and this petition for certiorari, in effect, attempts to bring an interlocutory appeal to this court through the agency of certiorari.
Rule 4.2, subd. a, Florida Appellate Rules, 31 F.S.A., Interlocutory Appeals, provides:
'Appeals from interlocutory orders or decrees in equity, orders or decrees entered after final decree, and orders at common law relating to venue or jurisdiction over the person, may be prosecuted in accordance with this rule; provided that nothing contained in this rule shall preclude the review of such orders and decrees on appeal from the final decree in the cause.'
It will be observed from the above rule that only orders at common law relating to venue or jurisdiction over the person may be appealed under this rule. To grant certiorari in this case would, in effect, authorize certiorari in any damage suit where the court had granted a motion to strike...
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Girten v. Bouvier, 3807
...order does not comprehend errors by the trial court in the making of rulings on the pleadings (see also Welsh v. Tropical Roofing Co., Fla.App.1961, 127 So.2d 894; Longo v. Collins, Fla.App.1958, 106 So.2d 1), nor as to the law applicable to the facts; neither will an appellate court review......
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Leone v. Town of Palm Beach, 77-2043
...available by appeal after final judgment". Johnson v. General Motors Corp., 350 So.2d 1119 (Fla. 4th DCA 1977). Welsh v. Tropical Roofing Co., 127 So.2d 894 (Fla. 2d DCA 1961) is directly on point. The trial court struck a prayer for punitive damages from the complaint and the Second Distri......
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Taylor v. McGarry, C-438
...PER CURIAM. Respondent's motion to dismiss petition for writ of certiorari granted on the authority of Welsh v. Tropical Roofing Company, Fla.App.1961, 127 So.2d 894. WIGGINTON, C. J., and STURGIS and CARROLL, DONALD K., JJ., ...
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Hardwicke-Etter Co. v. Bryant, HARDWICKE-ETTER
...transcript of record and conclude that certiorari should not issue and that the petition should be dismissed. See Welsh v. Tropical Roofing Company, Fla.App.1961, 127 So.2d 894. Certiorari denied and petition HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur. ...