SEARS, ROEBUCK AND CO., APPELLANT,
v.
YVONNE CAROL PHELPS, A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, ET AL., APPELLEES
SEARS, ROEBUCK AND CO., APPELLANT,
YVONNE CAROL PHELPS, A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, ET AL., APPELLEES
317 So. 2d 101
Florida District Court of Appeal, Fourth District (1975)
Positive Treatment
Cited by 4 cases
Opinion of the Court
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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Loxahatchee River Env't Control Dist. v. Sch. Bd. OF Palm Beach Cnty., 496 So. 2d 930 (Fla. 4th DCA 1986)…the district board on any other equitable basis. What little case law there is tends to support the construction we put on this language, that it refers explicitly to charges for use or service of the sewer system. See Kixmiller v. City of Naples, 317 So. 2d 101 (Fla. 2d DCA 1975) (Provision of agreement between water and sewer district leasing facilities to city that gave city power to establish rates for water and sewer services provided from the facilities were illegal delegation of rate fixing powers st…
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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.…