Opinion
No. 4D12–4419.
2013-04-10
VOLKSWAGEN GROUP OF AMERICA, INC., Petitioner, v. Daisy HARMON, Individually and as Personal Representative of the Estate of Bernard Harmon; American Honda Motor Company, Inc.; Borg Warner Corporation; Ford Motor Company; The Goodyear Tire & Rubber Company; Hennessy Industries, Inc.; Honeywell International, Inc., f/k/a Allied Signal, as successor in interest to Allied Corporation, as successor in interest to The Bendix Corporation; Nissan North America, Inc., Individually and as a wholly owned subsidiary of Nissan Motor Co., Ltd.; Pneumo Abex LLC, as successor in interest to Pneumo Abex Corporation; Toyota Motor Sales, U.S.A., Inc., Individually and as subsidiary of Toyota Motor Corporation, Respondents.
Petition for writ of certiorari to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John J. Murphy, III, Judge; L.T. Case No. CACE 11–004289. Ari C. Shapiro and Michelle C. Levy of Gordon & Rees, LLP, Miami, for petitioner. Amanda A. Kessler and Juan Bauta of The Ferraro Law Firm, P.A., Coral Gables, for respondent Daisy Harmon.
Petition for writ of certiorari to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John J. Murphy, III, Judge; L.T. Case No. CACE 11–004289.
Ari C. Shapiro and Michelle C. Levy of Gordon & Rees, LLP, Miami, for petitioner. Amanda A. Kessler and Juan Bauta of The Ferraro Law Firm, P.A., Coral Gables, for respondent Daisy Harmon.
PER CURIAM.
The petition for writ of certiorari is hereby denied on the merits. POLEN and CIKLIN, JJ., concur.
WARNER, J., dissents with opinion.
WARNER, J., dissenting.
I would dismiss the petition for certiorari for failing to show irreparable injury not remediable on appeal. Petitioner sought certiorari to quash the denial of a motion to dismiss for failure to substitute a party following a suggestion of death on the record. SeeFla. R. Civ. P. 1.260(a)(1). Although we accepted certiorari jurisdiction over such an order in Steinhardt v. Intercondominium Group, Inc., 771 So.2d 614 (Fla. 4th DCA 2000), I am convinced pursuant to Williams v. Oken, 62 So.3d 1129 (Fla.2011), and Citizens Property Insurance Corp. v. San Perdido Association, Inc., 104 So.3d 344 (Fla.2012), that our supreme court has limited certiorari jurisdiction respecting orders denying motions to dismiss, and where the harm imposed is merely defending a lawsuit, no irreparable harm not remediable on appeal can be shown. I conclude that Steinhardt is no longer good law.