Karr v. Palm Peterbilt-GMC Trucks, Inc.
Karr v. Palm Peterbilt-GMC Trucks, Inc.
Opinion of the Court
Certiorari is denied.
Concurring Opinion
concurring specially.
I concur, albeit reluctantly, in the denial of the petition for certiorari review of the trial court’s order denying the motion to amend to add a party. I do so because of the supreme court’s decision in Martin-Johnson, Inc. v. Savage, 509 So.2d 1097 (Fla. 1987). In that case, the court narrowed certiorari jurisdiction and in dicta directly commented that permitting certio-rari review of orders denying motions to join or dismiss parties would result in “unwarranted harm to our system of procedure.” Thus, if there is an adequate remedy on plenary appeal, petition for a writ of certiorari must be denied.
I believe that the correct way to treat this petition should be the way this court treated a very similar factual circumstance in Lindsey v. H.M. Raulerson, 452 So.2d 1087 (Fla. 4th DCA 1984), appeal after remand, Lindsey v. H.H. Raulerson, Jr. Memorial Hospital, 505 So.2d 577 (Fla. 4th DCA 1987), rev. denied, Lindsey v. Garcia, 513 So.2d 1062 (Fla. 1987), and Surettee v. Galiardo, 309 So.2d 253 (Fla. 4th DCA 1975). Nevertheless, not being able to ascertain an inadequacy in the appellate plenary process I am bound by Martin-Johnson to deny the petition.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.