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Ovadia v. Doctors' Hosp. of S. Miami

District Court of Appeal of Florida, Third District
Feb 13, 1990
557 So. 2d 137 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2452.

February 13, 1990.

On Petition for Writ of Certiorari to the Circuit Court of Dade County; Robert H. Newman, Judge.

Magill Lewis and R. Fred Lewis, Miami, for petitioner.

Metzger, Sonneborn Rutter and Nancy P. Maxwell, West Palm Beach, for respondent.

Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.


The petition for a writ of certiorari is dismissed without prejudice to raise the constitutional issue presented herein upon an appeal from a final order dismissing the petitioner's complaint below or any other adverse final order or final judgment. We reach this result because, simply stated, the petitioner has an adequate remedy by appeal from such a final order or final judgment when entered — which necessarily means that we have no jurisdiction to review the order complained of on a petition for a writ of certiorari. We have not overlooked the petitioner's forceful arguments to the contrary, but are not persuaded thereby. See Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1098 (Fla. 1987); Shell v. State Road Dept., 135 So.2d 857 (Fla. 1961); Brooks v. Owens, 97 So.2d 693, 695 (Fla. 1957); Feldman v. Glucroft, 553 So.2d 282 (Fla. 3d DCA 1989).

Certiorari dismissed.


Summaries of

Ovadia v. Doctors' Hosp. of S. Miami

District Court of Appeal of Florida, Third District
Feb 13, 1990
557 So. 2d 137 (Fla. Dist. Ct. App. 1990)
Case details for

Ovadia v. Doctors' Hosp. of S. Miami

Case Details

Full title:JOSEPH OVADIA, M.D., PETITIONER, v. DOCTORS' HOSPITAL OF SOUTH MIAMI…

Court:District Court of Appeal of Florida, Third District

Date published: Feb 13, 1990

Citations

557 So. 2d 137 (Fla. Dist. Ct. App. 1990)

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