Sundale, Ltd. v. Williams Paving Co.

The petitioner seeks a writ of certiorari or prohibition challenging the trial court’s order dated August 2, 2005, setting the cause for trial on November 7, 2005. It seems clear that the case was not at issue until September 16, 2005, when the respondents filed their response to petitioner’s affirmative defenses. Thus, the order setting the cause for trial did not comply with Florida Rule of Civil Procedure 1.440.

However, for the issuance of a writ of certiorari, more is required than a simple legal error. See Escobar v. United Auto. Ins. Co., 898 So.2d 952, 954 (Fla. 3d DCA 2005). The…