Court Filings

The Sixth District Court of Appeal dismissed Johnny Antonio Thomas’s appeal from a county-court order that struck his six counterclaims and setoff defenses in a small-claims action by Chaney’s Used Cars to recover a loan deficiency after repossession and sale. The panel concluded it lacked jurisdiction because the dismissed counterclaims arose from the same transaction as the plaintiff’s claim and therefore were compulsory; orders dismissing compulsory counterclaims are not immediately appealable while the original claim remains pending. The court also rejected alternative bases for interlocutory review and ordered the appeal dismissed.

The Second District Court of Appeal denied a petition for writ of certiorari from plaintiffs Carolyn Hoskins and Lolita Johns challenging a trial court order that dismissed without prejudice their direct-liability medical-malpractice claim against Women's Care of Florida for failure to satisfy presuit notice under chapter 766. The appellate court concluded the petitioners failed to show the required irreparable harm from the without-prejudice dismissal. Because certiorari is an extraordinary remedy and jurisdictional prerequisites were not met, the court dismissed the petition without addressing the trial court's legal ruling on presuit notice.

The Second District Court of Appeal dismissed Neelam Uppal’s petition for a writ of certiorari challenging a Pinellas County circuit court decision. The petition named multiple respondents including a condominium association, management companies, mortgage entities, and individual defendants. The court issued a short per curiam order simply stating “Dismissed” without extended reasoning, and three judges concurred. The filing indicates counsel appearances for some respondents and no appearance for others; the opinion is subject to revision before official publication.