Opinion
April 15, 1952.
Appeal from the Court of Record for Escambia County, Ernest E. Mason, J.
Whit Newberry, Jr., Pensacola, for appellant.
Dave Caton, Pensacola, for appellee.
This proceeding is an appeal from an interlocutory order in a Chancery suit which order denied a motion to dismiss the complaint. Under Section 59.45, Florida Statutes 1949, F.S.A., we should, and do, treat this appeal as though it were a petition for a writ of certiorari.
We have reached the conclusion that the petition for writ of certiorari should be denied,
So ordered.
SEBRING, C.J., and TERRELL, THOMAS and HOBSON, JJ., concur.