Lupe v. City of Fort Pierce
Lupe v. City of Fort Pierce
Opinion of the Court
We have treated this interlocutory appeal from an order of taking in an eminent domain proceeding as a petition for a writ of certiorari. Upon review of the order appealed, the briefs, record, and the oral argument, we have determined that the appellants have presented absolutely no basis on which this court may disturb the order of taking. Certiorari is, therefore, denied.
Concurring Opinion
(specially concurring in conclusion).
I decline to treat the interlocutory appeal as a petition for a writ of certiorari.
The interlocutory appeal seeks review of an order entered in a proceeding at law. No showing has been made by the “interlocutory appeal” sufficient to invoke this court’s organic power to issue a common law writ of certiorari to review the order, I would dismiss the interlocutory appeal.
Dissenting Opinion
Case-law data current through December 31, 2025. Source: CourtListener bulk data.