Ochopee LP Gas Co. v. Evans Gas, Inc.

District Court of Appeal of Florida

Ochopee LP Gas Co. v. Evans Gas, Inc.

344 So. 2d 635

CourtDistrict Court of Appeal of Florida

DecidedApril 13, 1977

DocketNo. 76-1936

StatusPublished

Cited by1 cases

This text of 344 So. 2d 635 (Ochopee LP Gas Co. v. Evans Gas, Inc.) 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.

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Ochopee LP Gas Co. v. Evans Gas, Inc., 344 So. 2d 635 (Fla. Ct. App. 1977).

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Opinion

PER CURIAM.

Petitioners seek certiorari to vacate the order of the lower court staying trial on their complaint pending disposition of a federal administrative action concerning regulatory violations upon which their complaint is based.

Common law certiorari is, of course, a discretionary writ which will not issue absent a departure by the lower tribunal from the essential requirements of law resulting in irreparable injury. Notwithstanding that petitioners here may well have demonstrated error on the part of the trial court in staying the cause, they have failed to demonstrate that such error rose to the dignity of a departure from essential legal requirements, or that irrevocable injury will result.

In view whereof, the petition for certiora-ri should be, and it is hereby, denied.

McNULTY, A. C. J., and SCHEB and OTT, JJ., concur.

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