Florida District Courts of Appeal, 2002

Davich v. Norman Bros. Nissan

Davich v. Norman Bros. Nissan
Florida District Courts of Appeal · Decided March 1, 2002 · Griffin, Harris, Orfinger
807 So. 2d 825; 2002 Fla. App. LEXIS 2193; 2002 WL 312779 (Southern Reporter, Second Series)

Davich v. Norman Bros. Nissan

Opinion of the Court

PER CURIAM.

DENIED.

HARRIS and ORFINGER, R.B., JJ„ concur. GRIFFIN, J., concurs specially, with opinion.

Concurring Opinion

GRIFFIN, J.,

concurring specially.

I do not understand the application of “law of the case” doctrine to a discovery ruling that was not made the subject of certiorari review. Nor do I understand its application to an issue upon which this court did not rule. Florida Dep’t of Transp. v. Juliano, 801 So.2d 101 (Fla. 2001).

I do agree, however, that a writ of mandamus is not warranted. If there is an appeal, we can decide at that time whether the lower court’s refusal to allow discovery of damage to 1992 model year vehicles constitutes reversible error.

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