MacDONALD v. McIVER

No. 87-1822.

514 So.2d 1151 (1987)

Robert C. MacDONALD, D.D.S., Petitioner, v. Honorable William C. McIVER, Circuit Judge, Twentieth Judicial Circuit, Collier County, Respondent.

District Court of Appeal of Florida, Second District.

November 6, 1987.


Attorney(s) appearing for the Case

Joseph D. Stewart of Hardt & Stewart, Naples, for petitioner.

Salvatore C. Scuderi of Scuderi & Childs, Marco Island, for respondent Gwen Gruber.


PER CURIAM.

Robert MacDonald, the petitioner in this case, is a dentist presently being sued for malpractice. He seeks a writ of certiorari to quash an order entered by the respondent which denied his motion to dismiss the complaint. We find that prohibition is the appropriate remedy to redress the issues raised in MacDonald's petition, and treat his petition as if the proper remedy had been sought. Art. V, § 2(a), Fla. Const.; Fla.R.App.P. 9.040(c).

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