Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
ROYAL CARIBBEAN CRUISES, LTD., etc., Petitioner, v. Oscar SINCLAIR, Respondent.
This is a petition for a writ of certiorari seeking review of a nonfinal order denying Royal Caribbean Cruises' motion to dismiss Count IV of Oscar Sinclair's multi-count personal injury complaint. Royal Caribbean Cruises relies upon Miami Physical Therapy Assocs., Inc. v. Savage, 632 So.2d 114 (Fla. 3d DCA 1994) to obtain certiorari review, arguing that Count IV is basically a medical malpractice count and that Sinclair failed to comply with the presuit requirements of Florida's Medical Malpractice Act. We deny the petition.
Generally, certiorari review does not lie to review the denial of a motion to dismiss. See Martin-Johnson, Inc. v. Savage, 509 So.2d 1097, 1099 (Fla.1987). The mere expense and inconvenience of litigation does not constitute harm sufficient to permit certiorari review, even if the order departs from the essential requirements of the law. Id. at 1100. Miami Physical Therapy involved the dismissal of the entire complaint, not merely one count of many, and this Court cautioned litigants that certiorari review would lie only in a very narrow context. Certiorari review was never intended as a vehicle to seek review of the denial of a motion to dismiss one count of a multi-count complaint where the defendant would continue to defend the other counts.
Certiorari denied.
PER CURIAM.
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: No. 3D01-1804.
Decided: October 31, 2001
Court: District Court of Appeal of Florida,Third District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)