Sears v. Phelps

District Court of Appeal of Florida

Sears v. Phelps

317 So. 2d 101

CourtDistrict Court of Appeal of Florida

DecidedAugust 22, 1975

DocketNo. 75-458

StatusPublished

Cited by1 cases

This text of 317 So. 2d 101 (Sears v. Phelps) 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.

Bluebook

Sears v. Phelps, 317 So. 2d 101 (Fla. Ct. App. 1975).

Pincite

Opinion

OWEN, Judge.

Defendant in a negligence suit appeals from an order denying its motion for leave to file a third party complaint. The order appealed is an interlocutory order, not a final judgment. Because the order is not one reviewable under Rule 4.2 F.A.R., this court lacks jurisdiction of the appeal. We decline to treat the matter as a petition for certiorari. The appeal is dismissed without prejudice.

Dismissed.

MAGER and DOWNEY, JJ., concur.

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OWEN, Judge.

Defendant in a negligence suit appeals from an order denying its motion for leave to file a third party complaint. The order appealed is an interlocutory order, not a final judgment. Because the order is not one reviewable under Rule 4.2 F.A.R., this court lacks jurisdiction of the appeal. We decline to treat the matter as a petition for certiorari. The appeal is dismissed without prejudice.

Dismissed.

MAGER and DOWNEY, JJ., concur.

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317 So. 2d 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sears-v-phelps-fladistctapp-1975.

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