Whiteside v. Johnson
| Decision Date | 09 November 1977 |
| Docket Number | No. 77-1315,77-1315 |
| Citation | 351 So.2d 759 |
| Parties | George WHITESIDE and Nationwide Mutual Insurance Company, Petitioners, v. Joann JOHNSON and Joseph R. Johnson, Respondents. |
| Court | Florida District Court of Appeals |
William E. Partridge of Dart, Dickinson, O'Riorden, Gibbons & Quale, P. A., Sarasota, for petitioners.
Michael R. Karp of Wood, Whitesell & Karp, P. A., Sarasota, for respondents.
Petitioners herein make a rather persuasive argument for the proposition that the trial court erroneously denied their motion to dismiss respondents' complaint on the ground that it is barred by the statute of limitations. However, we decline to issue our discretionary common law writ of certiorari because there is a full, adequate and complete remedy available to petitioners by appeal after final judgment, should a final judgment adverse to petitioners ultimately be entered herein. Robinson v. Klein, 350 So.2d 124 (Fla.2d DCA 1977); Employers Fire Insurance Company v. Blanchard, 234 So.2d 381 (Fla.2d DCA 1970); Gulf Cities Gas Corporation v. Cihak, 201 So.2d 250 (Fla.2d DCA 1967). See generally, Haddad, The Common Law Writ of Certiorari in Florida, 29 U.Fla.L.Rev. 207 (1977) and the cases cited therein. Certiorari is not designed to serve as a writ of expediency and should not be granted merely to relieve the petitioners seeking the writ from the expense and inconvenience of a trial. State v. Morey, 339 So.2d 1139 (Fla.App.1976); Wright v. Sterling Drugs, Inc., 287 So.2d 376 (Fla.2d DCA 1973).
Accordingly, the petition for writ of certiorari is denied without prejudice to the right of petitioners to seek review of the matters contained therein by way of appeal from final judgment.
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Haridopolos v. Citizens for Strong Sch., Inc., 1D10–6285.
...not be granted merely to relieve the petitioners seeking the writ from the expense and inconvenience of a trial.” Whiteside v. Johnson, 351 So.2d 759, 760 (Fla. 2d DCA 1977). See also Martin–Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla.1987) (litigation of a non-issue and inconvenience and ......
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Haridopolos v. Citizens for Strong Sch., Inc.
...not be granted merely to relieve the petitioners seeking the writ from the expense and inconvenience of a trial.” Whiteside v. Johnson, 351 So.2d 759, 760 (Fla. 2d DCA 1977). See also Martin–Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla.1987) (litigation of a non-issue and inconvenience and ......
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Naghtin v. Jones By and Through Jones
...not be granted merely to relieve the petitioners seeking the writ from the expense and inconvenience of a trial." Whiteside v. Johnson, 351 So.2d 759, 760 (Fla. 2d DCA 1977). See also Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla.1987)(litigation of a non-issue and inconvenience and e......
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O'Donnell's Corp. v. Ambroise
...the denial of a motion to dismiss based on a statute of limitations defense by either a writ of certiorari, see Whiteside v. Johnson, 351 So.2d 759 (Fla. 2d DCA 1977), or a writ of prohibition. This court has no authority through a writ of prohibition to review a trial court's denial of a d......
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Certiorari Review of Orders Denying Discovery in Civil Cases.
...(Luck, J., concurring). (28) Id. at 721-22. (29) Walgreen Co. v. Rubin, 229 So. 3d 418, 421-23 (Fla. 3d DCA 2017); Whiteside v. Johnson, 351 So. 2d 759, 760 (Fla. 2d DCA (30) Adkins, 227 So. 3d at 722 (Luck, J. concurring). (31) E.g., Jay v. Royal Saxon, 720 So. 2d 214 (Fla. 1988); Bd. of T......
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Original proceedings, writ large.
...(inconvenience and expense of litigating non-issue not the type of harm sufficient to permit certiorari review); Whiteside v. Johnson, 351 So. 2d 759, 760 (Fla. 2d D.C.A. 1977) ("[c]ertiorari is not designed to serve as a writ of expediency and should not be granted merely to relieve the pe......