150 So. 3d 1273

Holly D. MORGAN and Daniel E. Springen, Petitioners, v. Christopher Scott HEWITT, as Personal Representative of the Estate of Wilbur Hewitt, Respondent.

No. 5D14-1362.

District Court of Appeal of Florida, Fifth District.

Nov. 21, 2014.

Scott A. Smothers and Mark Ingram, of Smothers Law Firm, P.A., Apopka, for Petitioners.

Allan C. Draves, of the Law Office of Allan C. Draves, Orlando, for Respondent.

PER CURIAM.

Petitioners, Holly D. Morgan and Daniel E. Springen, seek second-tier certiorari review of an appellate decision of the circuit court, which dismissed their appeal1 of a non-final order granting immediate possession of real property in favor of the Respondent, Christopher Scott Hewitt, as personal representative of the estate of Wilbur Hewitt.2 Petitioners have resided on the property for the past five years and claim to have an ownership interest in the property. Under these circumstances, we find the circuit court’s clearly erroneous conclusion — that it lacked jurisdiction on the basis that a plenary appeal would provide an adequate remedy for Petitioners— constituted a departure from established law resulting in a miscarriage of justice. See generally Custer Med. Ctr. v. United Auto. Ins. Co., 62 So.3d 1086 (Fla.2010). Accordingly, we grant the petition and remand to the circuit court to treat Petitioners’ request for review as a petition for writ of certiorari and consider its merits.

PETITION GRANTED.

LAWSON, EVANDER and BERGER, JJ., concur.

Morgan v. Hewitt
150 So. 3d 1273

Case Details

Name
Morgan v. Hewitt
Decision Date
Nov 21, 2014
Citations

150 So. 3d 1273

Jurisdiction
Florida

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