Continental Equities, Inc. v. Galardi
Continental Equities, Inc. v. Galardi
Opinion of the Court
By a notice of appeal and an instrument entitled “Motion to Stay Trial Proceedings”, Continental Equities, Inc., seeks review of certain orders entered by the trial court denying its motion to be substituted as the real party in interest for the defendants, C. V. Galardi and Minna T. Galardi, his wife. The motion and its attachments are treated as a petition for writ of common law certiorari.
Factual allegations which are germane to this proceeding are: On February 16, 1976, by way of a foreclosure action, Continental acquired a certificate of title to the lands which had previously been acquired by an order of taking by the Jacksonville Transportation Authority; all interests of the Galardis in the subject lands were extinguished by reason of the foreclosure action ; Continental’s motion to be substituted as the real party in interest was denied by the trial court; trial for the purpose of establishing the compensation to be paid for the land taken is set for May 10, 1976.
A prima facie case has been shown by Continental that the ruling, if erroneous, constitutes a departure from the essential requirements of law for which there will be no adequate remedy by appeal after final judgment. Certiorari is granted. (1 Cran-dall, Florida Common Law Practice, § 472)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.