Martin-Johnson, Inc. v. Savage

Full title: MARTIN-JOHNSON, INC., PETITIONER, v. TOMMIE SAVAGE, RESPONDENT

Court: District Court of Appeal of Florida, First District

Date published: May 22, 1986

488 So. 2d 568 (Fla. Dist. Ct. App. 1986)

Opinion

No. BM-150.

April 28, 1986. On Rehearing May 22, 1986.

Gordon D. Cherr, Karl McConnaughhay, Roland, Maida Beal, P.A., Tallahassee, for petitioner.

J. Nixon Daniel, III, Pensacola, for respondent.

PER CURIAM.

Because petitioner will have an adequate remedy by appeal of a final order, the petition for writ of certiorari, seeking review of an order denying petitioner's motion to strike respondent's claim for punitive damages, is denied. Contra Sunrise Olds-Toyota, Inc. v. Monroe, 476 So.2d 240 (Fla. 5th DCA 1985); Jaimot v. Media Leasing Corp., 457 So.2d 529 (Fla. 5th DCA 1984).

ERVIN, WENTWORTH and JOANOS, JJ., concur.

ON REHEARING

In response to petitioner's request for certification of conflict, we hereby certify that, as the contra citation indicates, the decision in the present case is in direct conflict with the decisions in the cited cases of Sunrise Olds-Toyota, Inc. v. Monroe, 476 So.2d 240 (Fla. 5th DCA 1985), and Jaimot v. Media Leasing Corp., 457 So.2d 529 (Fla. 5th DCA 1984).

ERVIN, WENTWORTH and JOANOS, JJ., concur.