STATE OF FLORIDA DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, DIVISION OF HEALTH, APPELLANT,
v.
WYNN E. WALTERS, APPELLEE

Fla. 1st DCA | 1975-07-14
No. Y-343
RAWLS, C. J., and MILLS and Mc-CORD, JJ., concur.
315 So. 2d 494 Florida District Court of Appeal, First District (1975) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause is before us on interlocutory appeal from an order entered by the Circuit Court in a certiorari proceeding before that court and upon appellee’s motion to quash the appeal on the ground that it is frivolous and upon appellee’s motion to impose a penalty upon appellant for taking the appeal. .

Under Rule 4.2, F.R.A.P., interlocutory appeal is only appropriate to review certain interlocutory orders entered by the trial court in civil actions. We interpret such to be limited to orders entered in civil trial actions and not to orders entered by the Circuit Court in the exercise of its jurisdiction to review by appeal or certiorari.

The interlocutory appeal is dismissed and the motion to impose penalty is denied.

RAWLS, C. J., and MILLS and Mc-CORD, JJ., concur.


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Citator

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  • …cuit Court of Volusia County. Certiorari is granted. The order transferring venue to Leon County is quashed. MILLS, J., concurs. SMITH, J., specially concurs. . State Department of Health & Rehabilitative Services, Division of Health v. Walters, 315 So. 2d 494 (1 Fla.App.1975). . McGowin v, McGowin, 122 Fla. 394, 165 So. 274 (1936). . Williams v. Ferrentino, 199 So. 2d 504 (2 Fla.App.1967). .The Division of Health was abolished and its functions transferred to the Department of Health and Rehabilitativ…

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