PHILLIP GOFF, APPELLANT,
v.
GENERAL MOTORS CORPORATION, DETROIT DIESEL ALLISON DIVISION, ET AL., APPELLEES
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PER CURIAM.
The court, sua sponte, notes that the appellant is attempting to prosecute an interlocutory appeal from an order dismissing one of two counts of a complaint directed toward the appellee named above in an action formerly cognizable at law. FAR 4.2, 32 F.S.A., does not permit an interlocutory appeal from such an order. The court will treat the appeal as a petition for certiorari. Alliance for Conservation of Nat. Resources v. Furen, Fla.App. 2nd, 1958, 104 So. 2d 803. However, the grounds urged by appellant are not such as to persuade the court to issue this extraordinary writ. See Stein v. Bayfront Medical Center, Inc., Fla.App.2nd, 1974, 287 So. 2d 401. The appellant’s right to review upon these grounds must await final judgment.
The petition for certiorari is denied.
HOBSON, A. C. J., and McNULTY and GRIMES, JJ., concur.
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State v. White, 324 So. 2d 630 (Fla. 1975)…ions under the English common law give nor did the Legislature of Florida ever intend to give a “bushwacker” or “backstabber” immunity from criminal assault as the majority concludes. Consequently, I would adhere to the decisions in Battle v. State, 292 So. 2d 594 (Fla.App.2d 1974); McCullers v. State, 206 So. 2d 30 (Fla.App.4th 1968), cert. denied, 210 So. 2d 868 (Fla.1968); Nelson v. State, 157 So. 2d 96 (Fla.App.3d 1963), cert. denied, 165 So. 2d 178 (Fla.1964, and Clark v. State, 318 So. 2d 487 (Fla.App.4…1 / 2
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Briggs v. Salcines, 392 So. 2d 263 (Fla. 2d DCA 1980)…eview this type of order. Thus, we cannot treat the matter as an appeal. This does not end our inquiry, however, because we do have the power to treat an improperly filed appeal as a petition for writ of certiorari. See Goff v. General Motors Corp., 292 So. 2d 594 (Fla.2d DCA 1974); Fla.R.App.P. 9.040. We think this case to be an appropriate matter for consideration by certiorari. See Imparato v. Spicola, 238 So. 2d 503 (Fla.2d DCA 1970). Of course, in order for us to grant the discretionary writ of certiora…
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- The Alliance FOR Conservation OF Natural Res. IN Pinellas Cnty. v. Furen, 104 So. 2d 803 (Fla. 2d DCA 1958)
- Stein v. Bayfront Med. Ctr., Inc., 287 So. 2d 401 (Fla. 2d DCA 1973)