Florida District Courts of Appeal, 1975

Gibson v. Curry

Gibson v. Curry
Florida District Courts of Appeal · Decided October 1, 1975 · Grimes, Hobson, McNulty
319 So. 2d 149; 1975 Fla. App. LEXIS 15294 (Southern Reporter, Second Series)

Gibson v. Curry

Opinion of the Court

PER CURIAM.

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 certio-rari.

The appeal is therefore dismissed ex mero motu.

McNULTY, C. J., and HOBSON and GRIMES, JJ., concur.

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