Florida District Courts of Appeal, 1990

Ovadia v. Doctors' Hospital of South Miami, Ltd.

Ovadia v. Doctors' Hospital of South Miami, Ltd.
Florida District Courts of Appeal · Decided February 13, 1990 · Hubbart, Jorgenson, Schwartz
557 So. 2d 137; 1990 Fla. App. LEXIS 768; 15 Fla. L. Weekly Fed. D 403 (Southern Reporter, Second Series)

Ovadia v. Doctors' Hospital of South Miami, Ltd.

Opinion of the Court

PER CURIAM.

The petition for a writ of certiorari is dismissed without prejudice to raise the constitutional issue presented herein upon an appeal from a final order dismissing the petitioner’s complaint below or any other adverse final order or final judgment. We reach this result because, simply stated, the petitioner has an adequate remedy by appeal from such a final order or final judgment when entered — which necessarily means that we have no jurisdiction to review the order complained of on a petition for a writ of certiorari. We have not overlooked the petitioner’s forceful arguments to the contrary, but are not persuaded thereby. See Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1098 (Fla. 1987); Shell v. State Road Dept., 135 So.2d 857 (Fla. 1961); Brooks v. Owens, 97 So.2d 693, 695 (Fla. 1957); Feldman v. Glucroft, 553 So.2d 282 (Fla. 3d DCA 1989).

Certiorari dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.