Avis Rent A Car System, Inc. v. Cruz

SCHWARTZ, Chief Judge.

The petition for certiorari is treated as an application for mandamus to require the Appellate Division of the Miami-Dade Circuit Court to hear and consider the petitioner’s appeal from a February 20, 2002 Miami-Dade County court order dropping a party defendant and is granted. See Griffin v. Sistuenck, 816 So.2d 600 (Fla.2002); Sky Lake Gardens Recreation, Inc. v. District Court of Appeal, Third District, 511 So.2d 293 (Fla.1987).

The appellate division dismissed the appeal on the erroneous theory that a motion for rehearing timely filed in the county court was…