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Florida District Courts of Appeal, 1985

Estate of Schleusener v. Stuart

Estate of Schleusener v. Stuart
Florida District Courts of Appeal · Decided January 23, 1985 · Barkett, Hersey, Hurley
462 So. 2d 129; 10 Fla. L. Weekly 234; 1985 Fla. App. LEXIS 12057 (Southern Reporter, Second Series)

Estate of Schleusener v. Stuart

Opinion of the Court

BARKETT, Judge.

This petition for writ of certiorari seeks review of an order denying a motion for summary judgment.

Certiorari is available only when the petitioner is able to demonstrate both a departure from the essential requirements of law and the lack of an adequate remedy by direct appeal after final judgment. Palm Beach Newspapers, Inc. v. Parker, 417 So.2d 323, 323 (Fla. 4th DCA 1982); Siegel v. Abramowitz, 309 So.2d 234, 235 (Fla. 4th DCA 1975). Petitioner has a remedy by direct appeal.

The petition for writ of certiorari is denied.

HERSEY and HURLEY, JJ., concur.

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