Opinion
No. 75-816.
October 1, 1975.
Appeal from the Circuit Court, Sarasota County, Harry G. Parham, J.
Daniel A. Carlton and G. Hunter Gibbons, Dart, Dickinson, O'Riorden, Gibbons Quale, Sarasota, for appellants.
Jack McGill, Hazen, Berg McGill, Venice, for appellees.
Appellants attempted interlocutory appeal from an order striking their third affirmative defense in an action on the law side of the court. This court does not have jurisdiction to consider an appeal from such an order under Rule 4.2 F.A.R., and neither was the order of such nature as to be reviewable by common law certiorari.
The appeal is therefore dismissed ex mero motu.
McNULTY, C.J., and HOBSON and GRIMES, JJ., concur.