Florida District Courts of Appeal, 2011

Charneco v. Gayda

Charneco v. Gayda
Florida District Courts of Appeal · Decided September 14, 2011 · Warner, Polen, Gross
72 So. 3d 199; 2011 Fla. App. LEXIS 14569; 2011 WL 4056303 (Southern Reporter, Third Series)

Charneco v. Gayda

Concurring Opinion

GROSS, J.,

concurring specially.

Although I find the trial judge’s order to be a departure from the essential requirements of law, I see no reason why the harm that will result from the order cannot be corrected on plenary appeal. The order fails to meet the requirements for certiorari review of an order denying discovery. See Romanos v. Caldwell, 980 So.2d 1091, 1092 (Fla. 4th DCA 2008). (observing that certiorari review of orders denying discovery “is reserved for extraordinary and highly unusual situations where the trial court’s order constitutes a serious departure from the essential requirements of law that cannot be remedied on direct appeal”). In a case where the defendant below has not been shown to have any responsibility for the sanctioned conduct of his stricken experts and prior counsel, there is nothing to prevent the trial judge from reconsidering the severity of the sanction he has imposed.

Opinion of the Court

PER CURIAM.

The petition for writ of certiorari is dismissed.

WARNER and POLEN, JJ., concur. GROSS, J, concurs specially with opinion.

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