No. 73-507.

287 So.2d 401 (1973)

Theresa Kerger STEIN, As Administratrix of the Estate of Norman H. Stein, Sr., Deceased, and Theresa Kerger Stein, Individually, Appellant, v. BAYFRONT MEDICAL CENTER, INC., a Florida Corporation, et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 21, 1974.

Attorney(s) appearing for the Case

Michael B. Piper, Piper & Casler, St. Petersburg, for appellant.

Glenn M. Woodworth, Ulmer & Woodworth, St. Petersburg, for appellees.

GRIMES, Judge.

The appellant has filed an interlocutory appeal from a stay order entered pursuant to Rule 1.420(d) FRCP, 30 F.S.A.

In a previous action, the appellant sued Bayfront Medical Center for malpractice. After taking a voluntary dismissal, costs were taxed against her in the amount of $534.22. Appellant then filed this suit against Bayfront Medical Center and a doctor, but her allegations against Bayfront were essentially the same as before. Upon motion of Bayfront, the court entered an order staying appellant's claim against Bayfront until such time as she paid in full the costs previously taxed against her. Appellant opposed the motion upon grounds of indigency.

Interlocutory appeal is not a proper method of reviewing the order under attack. FAR 4.2, 32 F.S.A. However, the court will treat the appeal as a petition for certiorari. Alliance for Conservation of Nat. Resources v. Furen, Fla.App. 1958, 104 So.2d 803.

Rule 1.420(d) requires that an order be entered with reference to costs but appears to give the court discretion concerning the terms of the order. The appellant has failed to show that the order entered in this case was without or in excess of the trial court's jurisdiction or constituted a departure from the essential requirements of law. See Republic of Cuba v. Ritter, Fla.App. 1961, 130 So.2d 98.

The petition for certiorari is denied.

MANN, C.J., and BOARDMAN, J., concur.


1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases