Legal Opinion · Concurrence

Guarantee Trust Life Insurance Co. v. Gross

District Court of Appeal of Florida

Decided June 23, 1995No. Nos. 94-03017, 94-03018Published

1ConcurrenceAltenbernd, Acting Chief Judge

If I were writing on a clean slate, I would dismiss this proceeding without reaching the merits because I do not believe the Florida Constitution gives district courts of appeal certiorari jurisdiction to review the merits of an order that simply grants a plaintiff permission to amend a complaint to allege punitive damages. See Simeon, Inc. v. Cox, 655 So.2d 156 (Fla. 5th DCA 1995). Certiorari is an extraordinary writ derived from the common law, but now expressly authorized by article V, section 4(b)(3), of the Florida Constitution. In 1956 when the district courts were created as a…

2Cases cited10 opinions

  1. Martin-Johnson, Inc. v. SavageSupreme Court of Florida · 1987
  2. Kauffman v. KingSupreme Court of Florida · 1956
  3. Girten v. BouvierDistrict Court of Appeal of Florida · 1963
  4. Gulf Cities Gas Corporation v. CihakDistrict Court of Appeal of Florida · 1967
  5. Keay v. City of Coral GablesDistrict Court of Appeal of Florida · 1970

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