Appellate Team Wins in Second Tier Certiorari Proceedings Before Fifth District Court of Appeal

April 6, 2020 by on News

Kansas R. Gooden and Geneva R. Fountain prevailed on appeal and obtained an order denying a plaintiff’s petition for second tier certiorari in the Fifth District Court of Appeal. A county court issued an order compelling the plaintiff to participate in appraisal based on the language of an appraisal clause in an insurance policy, abating trial court proceedings, and prohibiting the plaintiff from seeking discovery.

The plaintiff filed a notice of appeal and the Boyd & Jenerette team moved to dismiss for lack of jurisdiction. The circuit court granted the motion to dismiss based on the defendant’s argument that the county court’s order was not appealable, and the circuit court lacked jurisdiction because the order appealed was a non-final, non-appealable order. The plaintiff then filed an appeal of the circuit court’s order with the Fifth District Court of Appeal. Ultimately, the issue proceeding in the Fifth District as a petition for second tier certiorari. The defendant argued there was no departure from the essential requirements of the law and that the plaintiff had been afforded due process.

Kansas R. Gooden
Shareholder / Practice Group Leader
Direct: 904.493.3755

Geneva R. Fountain
Direct: 904.493.3769

Comprehensive Services

Many cases overlap several areas of law. As a full service law firm, we are able to recognize how one legal discipline impacts another. We work as a team on complex issues that require knowledge of a variety of state and federal laws. This multi-disciplinary approach allows clients to receive the large-firm advantage of access to multiple attorneys in a wide scope of practice areas as well as the hands-on customer service offered by a boutique law firm. In addition to civil litigation, employment law, workers’ compensation defense, commercial law, construction law and appeals, our firm also handles professional liability claims.

Our bilingual staff is available to assist with immigration matters, including consular and removal defenses.