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Hickey v. A.D.M.E

District Court of Appeal of Florida, Third District
May 30, 2001
786 So. 2d 1206 (Fla. Dist. Ct. App. 2001)

Opinion

Case Nos. 3D00-3140, 3D00-3026 .

Opinion filed May 30, 2001.

An Appeal from the Circuit Court for Miami-Dade County, Gerald D. Hubbart and Robert P. Kaye, Judges. Lower Tribunal No. 00-10576.

Josephs, Jack Gaebe and Scott A. Cole, for appellant.

Womack, Appleby Silva and David C. Appleby, for appellees.

Before COPE, FLETCHER and SORONDO, JJ.


PER CURIAM.

Harold Hickey, as Personal Representative of the Estate of Olympia Pedraz, appeals from two orders granting with prejudice A.D.M.E. Investment Partners, Ltd. (A.D.M.E.) and Gem Operations, Inc.'s (Gem Operations) motions to dismiss count I of Hickey's six-count amended complaint. Counts I and II, the only two claims directed at both A.D.M.E. and Gem Operations, seek damages for the nursing home's treatment of Olympia Pedraz, the decedent, and her resulting injuries, based on separate legal theories, namely, statutory liability under Chapter 400 of the Florida Statutes and negligence.

We lack jurisdiction to entertain this consolidated appeal. The orders under review merely grant the motions to dismiss one of the counts against A.D.M.E. and Gem Operations. As such, the orders are not final for purposes of appeal, nor do they constitute non-final orders subject to interlocutory review under rule 9.130, Florida Rules of Appellate Procedure. One Thousand Oaks, Inc. v. Dade Sav. Loan Ass'n, 417 So.2d 1135, 1136 (Fla. 5th DCA 1982).

Hickey has requested that, in the alternative, we treat the appeal as a petition for certiorari. However, we do not find certiorari review to be appropriate here since Hickey has an adequate remedy by appeal and is not irreparably injured by the orders under review.

Accordingly, the motion to dismiss the appeal is granted without prejudice to Hickey's right to seek appellate review at the conclusion of the case.

Dismissed.


Summaries of

Hickey v. A.D.M.E

District Court of Appeal of Florida, Third District
May 30, 2001
786 So. 2d 1206 (Fla. Dist. Ct. App. 2001)
Case details for

Hickey v. A.D.M.E

Case Details

Full title:HAROLD HICKEY, as Personal Representative of the Estate of OLYMPIA PEDRAZ…

Court:District Court of Appeal of Florida, Third District

Date published: May 30, 2001

Citations

786 So. 2d 1206 (Fla. Dist. Ct. App. 2001)