ROBERT S. GIBSON, AS ADMINISTRATOR OF THE ESTATE OF ROBERT GLEN GIBSON, DECEASED, AND ALLSTATE INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANTS,
v.
GERALD ISBUN CURRY AND DEE CURRY, HUSBAND AND WIFE, APPELLEES
ROBERT S. GIBSON, AS ADMINISTRATOR OF THE ESTATE OF ROBERT GLEN GIBSON, DECEASED, AND ALLSTATE INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANTS,
GERALD ISBUN CURRY AND DEE CURRY, HUSBAND AND WIFE, APPELLEES
319 So. 2d 149
Florida District Court of Appeal, Second District (1975)
Positive Treatment
Cited by 2 cases
Opinion of the Court
[*150] PER CURIAM.
Appellants attempted interlocutory appeal from an order striking their third affirmative defense in an action on the law side of the court. This court does not have jurisdiction to consider an appeal from such an order under Rule 4.2 F.A.R., and neither was the order of such nature as to be reviewable by common law certiorari.
The appeal is therefore dismissed ex mero motu.
McNULTY, C. J., and HOBSON and GRIMES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Manatee Cnty. v. Estech Gen. Chems. Corp., 402 So. 2d 75 (Fla. 2d DCA 1981)…petition for writ of certiorari and quash the order below compelling answers on deposition. We decline to review the grant of Estech’s motion to strike affirmative defenses. That order ■ may not be reviewed by common law certiorari. Gibson v. Curry, 319 So. 2d 149 (Fla.2d DCA 1975). The case is remanded for further proceedings consistent herewith. SCHEB, C. J., and HOBSON, J., concur.…