Opinion
No. 2D04-4613.
April 22, 2005.
Petition for Writ of Certiorari to the Circuit Court for the Sixth Judicial Circuit for Pinellas County; sitting in its appellate capacity.
Mark T. Tischhauser of The Tischhauser Law Group, Tampa, for Petitioner.
Dale T. Golden of Marshall, Dennehey, Warner, Coleman Goggin, Tampa, for Respondent.
Kimberly Joyce Townsend seeks certiorari review of a circuit court order entered in the court's appellate capacity. We deny the petition for writ of certiorari because the circuit court properly concluded that Townsend sufficiently pleaded a cause of action to withstand a motion to dismiss her complaint filed in the small claims court. We decline to express an opinion as to the portion of the circuit court's opinion regarding emotional damages because that issue was not properly before the circuit court on appeal.
Denied.
FULMER and WHATLEY, JJ., Concur.