DIAMOND v. WHALEY, CHAPMAN & HANNAH, M.D.'s, P.A.

No. 89-01365.

550 So.2d 54 (1989)

Donald DIAMOND, As Personal Representative of the Estate of Kay D. Diamond, Deceased, Petitioner, v. WHALEY, CHAPMAN & HANNAH, M.D.'s, P.A., and Samuel C. Hannah, Respondents.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 27, 1989.


Attorney(s) appearing for the Case

John A. Lloyd, Jr., St. Petersburg, for petitioner.

Lawrence J. Robinson and Linda Brooks Robinson of Robinson, Robinson & Fogleman, P.A., Sarasota, for respondents.


ALTENBERND, Judge.

Mr. Diamond, the plaintiff below, seeks relief by common law certiorari from a pretrial order which requires him to try one of his legal theories prior to and separate from his other legal theory. We deny the writ because the plaintiff has an adequate post-judgment appellate remedy if the pretrial order ultimately results in any harmful error.

Initially, Mrs. Diamond and her husband filed a medical malpractice claim against the defendant...

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