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Izquierdo v. Miramar Motors, Inc.

District Court of Appeal of Florida, Third District
Jul 30, 1963
155 So. 2d 420 (Fla. Dist. Ct. App. 1963)

Opinion

No. 63-301.

July 30, 1963.

Rosillo McCormick, Miami, for petitioner.

No appearance for respondents.

Before BARKDULL, C.J., and CARROLL and HORTON, JJ.


The petitioner seeks review of an order dismissing her complaint and cause in the lower court by certiorari proceedings.

Said order reads as follows: "CONSIDERED, ORDERED AND ADJUDGED that the Motion to Dismiss Complaint, as amended, filed by the defendant, MIRAMAR MOTORS, INC., a Florida corporation, be and the same is hereby granted, and this cause is hereby dismissed with leave to file in the proper Court by the Plaintiff."

It is apparent that the order, review of which is sought by petitioner, is final in nature. See: Howard Johnson, Inc. of Florida v. State Road Department of Florida, Fla. 1956, 90 So.2d 306; Womack v. Goldberg, Fla.App. 1960, 117 So.2d 758. Therefore, there being an adequate remedy by appeal [See: Wieczorek v. Williams, Fla. 1954, 71 So.2d 262; Burdine's, Inc. v. Drennon, Fla. 1957, 97 So.2d 259; Hastings v. Osius, Fla. 1958, 104 So.2d 21] the petition for certiorari is dismissed.

Dismissed.


Summaries of

Izquierdo v. Miramar Motors, Inc.

District Court of Appeal of Florida, Third District
Jul 30, 1963
155 So. 2d 420 (Fla. Dist. Ct. App. 1963)
Case details for

Izquierdo v. Miramar Motors, Inc.

Case Details

Full title:DAISY ELENA IZQUIERDO, AS ADMINISTRATRIX OF THE ESTATE OF FACUNDO…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 30, 1963

Citations

155 So. 2d 420 (Fla. Dist. Ct. App. 1963)