Killearn Properties, Inc. v. Hammons Asphalt Paving, Inc.

District Court of Appeal of Florida

Killearn Properties, Inc. v. Hammons Asphalt Paving, Inc.

381 So. 2d 1169, 1980 Fla. App. LEXIS 16329

CourtDistrict Court of Appeal of Florida

DecidedMarch 14, 1980

DocketNo. PP-36

StatusPublished

Cited by2 cases

This text of 381 So. 2d 1169 (Killearn Properties, Inc. v. Hammons Asphalt Paving, Inc.) 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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Killearn Properties, Inc. v. Hammons Asphalt Paving, Inc., 381 So. 2d 1169, 1980 Fla. App. LEXIS 16329 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

This cause is before us on petition for writ of common law certiorari, response and reply thereto. Review is sought of an order denying a motion to dismiss for failure to prosecute. Review of these types of orders by appeal was previously allowed under former Rule 4.2, Florida Rules of Appellate Procedure, but was omitted from the present rule, Rule 9.130, Florida Rules of Appellate Procedure. In the absence of a showing of irreparable injury beyond the fact of having to go through trial,¹ this court declines to exercise its jurisdiction to review by certiorari the nonfinal order denying motion to dismiss.

Accordingly, petition for writ of certiora-ri is DENIED without prejudice to petitioner’s right to raise this question on appeal from final judgment.

ROBERT P. SMITH, Jr., BOOTH and SHIVERS, JJ., concur.

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PER CURIAM.

This cause is before us on petition for writ of common law certiorari, response and reply thereto. Review is sought of an order denying a motion to dismiss for failure to prosecute. Review of these types of orders by appeal was previously allowed under former Rule 4.2, Florida Rules of Appellate Procedure, but was omitted from the present rule, Rule 9.130, Florida Rules of Appellate Procedure. In the absence of a showing of irreparable injury beyond the fact of having to go through trial,¹ this court declines to exercise its jurisdiction to review by certiorari the nonfinal order denying motion to dismiss.

Accordingly, petition for writ of certiora-ri is DENIED without prejudice to petitioner’s right to raise this question on appeal from final judgment.

ROBERT P. SMITH, Jr., BOOTH and SHIVERS, JJ., concur.

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381 So. 2d 1169, 1980 Fla. App. LEXIS 16329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/killearn-properties-inc-v-hammons-asphalt-paving-inc-fladistctapp-1980.

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