Dyer v. Battle

Supreme Court of Florida

Dyer v. Battle

165 So. 2d 766, 1964 Fla. LEXIS 2820

CourtSupreme Court of Florida

DecidedJune 24, 1964

DocketNos. 33377, 33378

StatusPublished

Cited by1 cases

This text of 165 So. 2d 766 (Dyer v. Battle) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dyer v. Battle, 165 So. 2d 766, 1964 Fla. LEXIS 2820 (Fla. 1964).

Pincite

Opinion

PER CURIAM.

These consolidated interlocutory appeals were transferred here from the District Court of Appeal, Second District. The appeals are from orders of the trial court abating one of the suits and denying a motion to dismiss the other. Both orders arise out of common law actions and are obviously interlocutory in nature. While it may be said that they pass upon the validity of a state statute, not being final judgments we do not have jurisdiction in the premises.

For the above reasons, these consolidated interlocutory appeals are re-transferred to the District Court of Appeal, Second District, for its determination of whether they relate to jurisdiction and venue, the only type of an interlocutory order in a common law action which the District Court would have jurisdiction to review.

It is so ordered.

DREW, C. J., and THOMAS, ROBERTS, THORNAL and O’CONNELL, JJ., concur.

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