Gabbard v. Lucas

District Court of Appeal of Florida

Gabbard v. Lucas

340 So. 2d 1204

CourtDistrict Court of Appeal of Florida

DecidedDecember 10, 1976

DocketNo. 76-1075

StatusPublished

This text of 340 So. 2d 1204 (Gabbard v. Lucas) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gabbard v. Lucas, 340 So. 2d 1204 (Fla. Ct. App. 1976).

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Opinion

PER CURIAM.

Review is improvidently sought here by interlocutory appeal of an order (denying leave to file a counterclaim) in an action formerly cognizable at law. We treat the interlocutory appeal as a petition for writ of certiorari. Mac Papers, Incorporated v. Coin Machine Acceptance Corp., 210 So.2d 463 (Fla. 3d DCA 1968).

Since no irreparable harm or injury has been made to appear and an adequate and complete remedy by appeal after final judgment is available, we deny the petition for certiorari.

Certiorari denied.

CROSS, DOWNEY and ALDERMAN, JJ., concur.

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PER CURIAM.

Review is improvidently sought here by interlocutory appeal of an order (denying leave to file a counterclaim) in an action formerly cognizable at law. We treat the interlocutory appeal as a petition for writ of certiorari. Mac Papers, Incorporated v. Coin Machine Acceptance Corp., 210 So.2d 463 (Fla. 3d DCA 1968).

Since no irreparable harm or injury has been made to appear and an adequate and complete remedy by appeal after final judgment is available, we deny the petition for certiorari.

Certiorari denied.

CROSS, DOWNEY and ALDERMAN, JJ., concur.

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340 So. 2d 1204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gabbard-v-lucas-fladistctapp-1976.

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