5D02-268 Davich v.Norman Bros. Nissan

State: Florida

Court: Florida Fifth District Court

Docket No: 5D02-268

Case Date: 02/25/2002

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2002

MILAN DAVICH, JR., Petitioner, v. NORMAN BROTHERS NISSAN, ETC., ET AL., Respondent. ___________________________________/ Decision filed March 1, 2002 Petition for Writ of Mandamus, Dorothy J. Russell, Respondent Judge. Charles L. Steinberg, Orlando, for Petitioner. No Appearance for Respondent. CASE NO. 5D02-268

PER CURIAM. DENIED.

HARRIS and ORFINGER, R. B., JJ., concur. GRIFFIN, J., concurs specially, with opinion.

GRIFFIN, J., concurring specially.

5D02-268

I do not understand the application of "law of the case" doctrine to a discovery ruling that was not made the subject of certiorari review. Nor do I understand its application to an issue upon which this court did not rule. Florida Dep't of Transp. v. Juliano, 801 So. 2d 101 (Fla. 2001). I do agree, however, that a writ of mandamus is not warranted. If there is an appeal, we can decide at that time whether the lower court's refusal to allow discovery of damage to 1992 model year vehicles constitutes reversible error.

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