01-1804 ROYAL V. SINCLAIR

State: Florida

Court: Florida Southern District Court

Docket No: 3d01-1804

Case Date: 01/23/2002

Plaintiff: 01-1804 ROYAL

Defendant: SINCLAIR

Preview:IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2002

ROYAL CARIBBEAN CRUISES, LTD., ETC., Petitioner,

** ** **

vs. ** OSCAR SINCLAIR, ** Respondent. **

CASE NO.

3D01-1804 00-1305

LOWER TRIBUNAL NO.

Opinion filed January 23, 2002. A Petition for Writ of Certiorari to the Circuit Court for Miami-Dade County, Paul Siegel, Judge. McIntosh, Sawran, Peltz and Cartaya, and Robert D. Peltz, for petitioners. Roy D. Wasson; Guilford & Rash, and David C. Rash, for respondent. Before GREEN, SHEVIN, and RAMIREZ, JJ. ON MOTION FOR REHEARING PER CURIAM. We deny the motion for rehearing. The petitioner takes issue with our denial of the petition for a writ of certiorari because the order only denied dismissal of one count in a multi-count complaint and, in any event, the defendant would continue to defend the other counts. Petitioner cites cases from other districts for

support of the proposition that certiorari has been granted where only some counts were affected. See Okaloosa County v. Custer,

697 So. 2d 1297 (Fla. 1st DCA 1997); Correa v. Robertson, 693 So. 2d 619 (Fla. 2d DCA 1997); Davis v. Orlando Regional Med. Ctr., 654 So. 2d 664 (Fla. 5th DCA 1995). While we find these cases

persuasive, we nevertheless deny the motion because the petition was properly denied on the merits. general maritime law. This case is governed by

Therefore, the plaintiff did not have to

comply with Florida's mandatory pre-suit screening requirements. See Rand v. Hatch, 762 So. 2d 1001 (Fla. 3d DCA 2000).

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