Opinion
No. 76-1685.
February 18, 1977.
Petition for Writ of Certiorari being treated as an Interlocutory Appeal from the Circuit Court, Broward County; Arthur J. Franza, Judge.
Paul J. McDonough, Coral Springs, for petitioner.
Michael K. Davis of Watson, Hubert Davis, Fort Lauderdale, and William F. Sullivan, Pompano Beach, for respondents.
Appellant has improvidently filed a Petition for Writ of Certiorari to review an order denying a motion to dismiss in an action formerly cognizable in equity. Review should have been sought by interlocutory appeal and we have so treated the matter.
Upon consideration of the record presented and appellant's brief, the order appealed from is affirmed.
AFFIRMED.
CROSS, DOWNEY and DAUKSCH, JJ., concur.