Supreme Court of Florida, 1964

Dyer v. Battle

Dyer v. Battle
Supreme Court of Florida · Decided June 24, 1964 · Connell, Drew, Roberts, Thomas, Thornal
165 So. 2d 766; 1964 Fla. LEXIS 2820 (Southern Reporter, Second Series)

Dyer v. Battle

Opinion of the Court

PER CURIAM.

These consolidated interlocutory appeals were transferred here from the District Court of Appeal, Second District. The appeals are from orders of the trial court abating one of the suits and denying a motion to dismiss the other. Both orders arise out of common law actions and are obviously interlocutory in nature. While it may be said that they pass upon the validity of a state statute, not being final judgments we do not have jurisdiction in the premises.

For the above reasons, these consolidated interlocutory appeals are re-transferred to the District Court of Appeal, Second District, for its determination of whether they relate to jurisdiction and venue, the only type of an interlocutory order in a common law action which the District Court would have jurisdiction to review.

It is so ordered.

DREW, C. J., and THOMAS, ROBERTS, THORNAL and O’CONNELL, JJ., concur.

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