Peaslee v. Michalski

BARNS, PAUL D., Associate Judge.

Petitioners seek a common law writ of certiorari to review an order made on the eve of trial granting plaintiff-respondent’s motion or election to take a voluntary nonsuit. No final judgment appears to have been entered or applied for. We fail to find grounds for certiorari and the petition is denied since petitioners have an adequate remedy by appeal after entry of a final judgment.

The order sought to be reviewed on certiorari is based on the announcement of plaintiff-respondent’s attorney stating in open court, when the case was called for trial, “The…