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Sears, Roebuck and Co. v. Phelps

District Court of Appeal of Florida, Fourth District
Aug 22, 1975
317 So. 2d 101 (Fla. Dist. Ct. App. 1975)

Opinion

No. 75-458.

August 22, 1975.

Appeal from the Circuit Court, Broward County, Jose A. Gonzalez, Jr., J.

Michael B. Davis, West Palm Beach, Carey A. Randall and S.O. Carson, Walton, Lantaff, Schroeder, Carson Wahl, Miami, for appellant.

Howard Todd Jaffe, Kaplan, Jaffe Associates, Hollywood, and Frates, Floyd, Pearson, Stewart, Proenza Richman, Miami, for appellees — Douglas C. Kaplan, Marlene Kaplan, Ray A. Schlichte, Jr., and Mary T. Schlichte.


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.


Summaries of

Sears, Roebuck and Co. v. Phelps

District Court of Appeal of Florida, Fourth District
Aug 22, 1975
317 So. 2d 101 (Fla. Dist. Ct. App. 1975)
Case details for

Sears, Roebuck and Co. v. Phelps

Case Details

Full title:SEARS, ROEBUCK AND CO., APPELLANT, v. YVONNE CAROL PHELPS, A MINOR, BY AND…

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 22, 1975

Citations

317 So. 2d 101 (Fla. Dist. Ct. App. 1975)

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