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Howard v. Sharlin

Supreme Court of Florida, Special Division A
May 15, 1951
52 So. 2d 417 (Fla. 1951)

Opinion

May 15, 1951.

Certiorari to Circuit Court, Indian River County; A.O. Kanner, Judge.

J. Tom Watson, Tampa, and Vocelle Walker, Vero Beach, for petitioner.

Booth, Gordon O'Connor, Miami, for respondent.


Counsel for petitioner having filed in this cause petition for rehearing and having been duly considered it is ordered by the Court that said petition be and the same is hereby denied.

SEBRING, C.J., and TERRELL and THOMAS, JJ., concur.

BARNS, J., concurs with opinion.


In a trial of an action at law before a jury the judge of the trial court denied defendant's motion for a directed verdict at the close of the plaintiff's case and the petitioner-defendant seeks review of such order by common law certiorari.

The petition fails to present a case wherein the judge has entered an order or ruling not within his judicial power or where ultimately there is no adequate direct method of review by appeal. Candell v. Leventis, Fla., 43 So.2d 853. The act complained of was not in excess of jurisdiction; nor was it clear by a departure from the fundamentals imposed by law. Mere error is not sufficient to warrant an interference with duties primarily reposed in the trial court.

Kilgore v. Bird, 149 Fla. 570, 6 So.2d 541, and Miami Transit Co. v. Hurns, Fla., 46 So.2d 390 are cases relating to discovery before trial and certiorari was granted upon a showing of the "inadequacy" of review by appeal as a sufficient remedy for the consequential injury of the judicial act assigned as error.

The court will not exercise its supervisory jurisdiction by means of certiorari under the facts and circumstances presented. In event of an adverse judgment petitioner's right to review by appeal seems to be adequate.

The petition for certiorari is denied.

SEBRING, C.J., and TERRELL, J., concur.


Summaries of

Howard v. Sharlin

Supreme Court of Florida, Special Division A
May 15, 1951
52 So. 2d 417 (Fla. 1951)
Case details for

Howard v. Sharlin

Case Details

Full title:J.D. HOWARD, SR., DOING BUSINESS AS PURE LEAD PRODUCTS, PETITIONER, v…

Court:Supreme Court of Florida, Special Division A

Date published: May 15, 1951

Citations

52 So. 2d 417 (Fla. 1951)