463 So. 2d 446 | Fla. Dist. Ct. App. | 1985
The personal representative for the estate of Harold Hayward brings this non-final appeal which challenges an order of the probate court denying a motion to suppress the deposition of Elnor Hayward. This matter does not come within the categories authorized by Florida Rule of Appellate Procedure 9.130(a) to be treated as a non-final appeal. We elect to treat this non-final appeal as a petition for writ of certiorari pursuant to Florida Rule of Appellate Procedure 9.040(c).
Certiorari will only be granted when a party demonstrates both a departure from the essential requirements of law and the lack of an adequate remedy by appeal. See USF & G v. Graham, 404 So.2d 863 (Fla. 4th DCA 1981); Lindsey v. Sherman, 402 So.2d 1349 (Fla. 4th DCA 1981). The personal representative has an adequate remedy by appeal. Accordingly, the writ of certiorari is denied.
