Narrative Opinion Summary
The petition for certiorari is timely regarding the order awarding attorney’s fees based on an offer of judgment dated January 10, 2003. However, the petitioner seeks review of a summary judgment order from October 2, 2002, which became final after the denial of a rehearing on November 19, 2002. The court's summary judgment order included the finality phrase “shall go hence without day,” which qualifies it as a final judgment, contrary to the petitioner’s claim that it merely granted a motion. Following the precedent set in Allstate Ins. v. Collier, the October 2, 2002 order is deemed non-reviewable as the appeal period has elapsed. Conversely, the January 10, 2003 judgment for attorney’s fees is classified as a final order and is thus subject to review, as supported by BDO Seidman L.L.P. v. British Car Auctions, Inc. The court redesignates the review as a final appeal from the January 10, 2003 judgment, with concurrence from POLEN, C.J. and TAYLOR, J.
Legal Issues Addressed
Finality of Judgment for Appeal Purposessubscribe to see similar legal issues
Application: The court determined that the summary judgment order from October 2, 2002, is final and non-reviewable due to the expiration of the appeal period, as it included the phrase 'shall go hence without day,' indicating finality.
Reasoning: The court's summary judgment order included the finality phrase 'shall go hence without day,' which qualifies it as a final judgment, contrary to the petitioner’s claim that it merely granted a motion.
Redesignation of Review as Final Appealsubscribe to see similar legal issues
Application: The court redesignated the review process as a final appeal concerning the January 10, 2003 judgment, thereby establishing the procedural context for the appeal.
Reasoning: The court redesignates the review as a final appeal from the January 10, 2003 judgment, with concurrence from POLEN, C.J. and TAYLOR, J.
Reviewability of Attorney's Fees Ordersubscribe to see similar legal issues
Application: The order awarding attorney’s fees dated January 10, 2003, is classified as a final order and is subject to review, distinguishing it from the non-reviewable summary judgment order.
Reasoning: Conversely, the January 10, 2003 judgment for attorney’s fees is classified as a final order and is thus subject to review, as supported by BDO Seidman L.L.P. v. British Car Auctions, Inc.
Timeliness of Certiorari Petitionssubscribe to see similar legal issues
Application: The petition for certiorari is considered timely with respect to the order awarding attorney’s fees, allowing the court to proceed with the review.
Reasoning: The petition for certiorari is timely regarding the order awarding attorney’s fees based on an offer of judgment dated January 10, 2003.