SEARS, ROEBUCK AND CO., APPELLANT,
v.
YVONNE CAROL PHELPS, A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, ET AL., APPELLEES

Fla. 4th DCA | 1975-08-22
No. 75-458
MAGER and DOWNEY, JJ., concur.
317 So. 2d 101 Florida District Court of Appeal, Fourth District (1975) Positive Treatment
Cited by 4 cases

Opinion of the Court
OWEN, Judge.

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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  • Suzanne Sutton, P.A. v. Cole, 917 So. 2d 378 (Fla. 5th DCA 2005)
    …l on the basis of lack of jurisdiction. We conclude that, since the trial court’s order is neither an appealable final order nor an appealable non-final order, this court lacks jurisdiction to review the appeal. See Sears, Roebuck & Co. v. Phelps, 317 So. 2d 101 (Fla. 4th DCA 1975). Accordingly, we grant the appellees’ motion to dismiss and dismiss the instant appeal without prejudice. DISMISSED. PLEUS, C.J., SAWAYA and PALMER, JJ., concur.…

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