Anderson ex rel. Anderson v. Lore
This text of 618 So. 2d 369 (Anderson ex rel. Anderson v. Lore) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Petitioners in this medical malpractice action seek a writ of certiorari to reverse an order of the Circuit Court determining that the presuit investigation conducted by defendants/appellees complied with the provisions of section 766.106(3), Florida Statutes. The extraordinary remedy of certiorari will be granted only in those situations where the court acts without or in excess of its jurisdiction, or the order does not conform to the essential requirements of law and will cause material injury throughout the subsequent proceedings which cannot be remedied on appeal. Brooks v. Owens, 97 So.2d 693, 695 (Fla.1957). See also Pitcairn v. Vowell, 580 So.2d 219, 221 (Fla. 1st DCA1991). On the record before us, we cannot say that the ruling of the trial court departed from the essential requirements of law. Because the standard for certiorari has not been met, we deny the writ.
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Cite This Page — Counsel Stack
618 So. 2d 369, 1993 Fla. App. LEXIS 5689, 1993 WL 169182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-ex-rel-anderson-v-lore-fladistctapp-1993.