American Mutual Insurance Co. v. Bender

This cause is before us on petition for writ of common law certiorari to review the order of the trial court denying petitioner’s motion to dismiss. We found that the petition demonstrated a preliminary basis for relief and issued an order to show cause. See Rule 9.100(f), Florida Rules of Appellate Procedure; Kauffman v. King, 89 So.2d 24, 26 (Fla.1956). See also Canadian Home Insurance Company v. Norris, 471 So.2d 217 (Fla. 4th DCA 1985).

Respondent John Bender, a coppersmith by trade, was exposed to asbestos while in the United States Navy and filed suit in the nature of a products…