Florida District Courts of Appeal, 2013

Volkswagen Group of America, Inc. v. Harmon

Volkswagen Group of America, Inc. v. Harmon
Florida District Courts of Appeal · Decided April 10, 2013 · Ciklin, Polen, Warner
110 So. 3d 536; 2013 WL 1442037; 2013 Fla. App. LEXIS 5723 (Southern Reporter, Third Series)

Volkswagen Group of America, Inc. v. Harmon

Opinion of the Court

PER CURIAM.

The petition for writ of certiorari is hereby denied on the merits.

POLEN and CIKLIN, JJ., concur. WARNER, J., dissents with opinion.

Dissenting Opinion

WARNER, J.,

dissenting.

I would dismiss the petition for certiora-ri for failing to show irreparable injury not remediable on appeal. Petitioner sought certiorari to quash the denial of a motion to dismiss for failure to substitute a party following a suggestion of death on the record. See Fla. R. Civ. P. 1.260(a)(1). Although we accepted certiorari jurisdiction over such an order in Steinhardt v. Intercondominium Group, Inc., 771 So.2d 614 (Fla. 4th DCA 2000), I am convinced pursuant to Williams v. Oken, 62 So.3d 1129 (Fla. 2011), and Citizens Property Insurance Corp. v. San Perdido Association, Inc., 104 So.3d 344 (Fla. 2012), that our supreme court has limited certiorari jurisdiction respecting orders denying motions to dismiss, and where the harm imposed is merely defending a lawsuit, no irreparable harm not remediable on appeal can be shown. I conclude that Steinhardt is no longer good law.

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