Santmyer v. Orange Paving & Construction Co.

W. SHARP, Judge.

Petitioner has filed a petition for writ of certiorari to review the dismissal of his complaint for failure to comply with Florida Rule of Civil Procedure 1.070(j). He has also filed a notice of appeal to review the same order of dismissal. Respondent moved to strike the petition because it is duplicative of the appeal. We treated the motion as one to dismiss and ordered petitioner to respond. Petitioner argues certio-rari is a viable review route, although in this case it duplicates the appeal. We disagree.

Certiorari is not appropriate where an adequate remedy exists by way…