Florida District Courts of Appeal, 1970

Lupe v. City of Fort Pierce

Lupe v. City of Fort Pierce
Florida District Courts of Appeal · Decided June 15, 1970 · Conclusion, Cross, Owen, Reed
237 So. 2d 284; 1970 Fla. App. LEXIS 6157 (Southern Reporter, Second Series)

Lupe v. City of Fort Pierce

Opinion of the Court

PER CURIAM.

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.

REED and OWEN, JJ., concur. CROSS, C. J., specially concurs in conclusion, with opinion.

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

CROSS, Chief Judge

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