Florida District Courts of Appeal, 1975

Sears v. Phelps

Sears v. Phelps
Florida District Courts of Appeal · Decided August 22, 1975 · Downey, Mager, Owen
317 So. 2d 101 (Southern Reporter, Second Series)

Sears v. Phelps

Opinion of the Court

OWEN, Judge.

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.

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