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SCHEUER v. WILLE

Nos. 78-1896, 78-2112.

370 So.2d 1166 (1979)

Joseph SCHEUER and Harriet Rubin, Petitioners, v. Richard P. WILLE, Sheriff of Palm Beach County, Dale Allen, and William F. Howard D/B/a Howard Funeral Home, Respondents.

District Court of Appeal of Florida, Fourth District.

January 24, 1979.

Attorney(s) appearing for the Case

Timothy J. Hmielewski of Nason, Gildan, Yeager & Lubin, P.A., West Palm Beach, for petitioners.

No appearance for respondents.

BERANEK, Judge.

In this civil action the trial court granted a defense motion to strike the plaintiffs' prayer for punitive damages. The case remains pending on the issue of actual damages. Plaintiffs seek review by way of consolidated petitions for common law certiorari. To establish jurisdiction plaintiffs allege:

"To proceed to trial only on the issue of actual damage might allow for appealing all issues ultimately, but the end results would be a waste...

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