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Knight v. Edwards

District Court of Appeal of Florida, Fourth District
Apr 25, 1973
276 So. 2d 499 (Fla. Dist. Ct. App. 1973)

Opinion

No. 72-1225.

April 25, 1973.

Petition for review from the Circuit Court for Broward County, George Richardson, Jr., J.

Rollo E. Karkeet, Miami, for petitioner.

Sherman A. Katz, Koenig Katz, Hollywood, for respondent.


Petitioner was aggrieved by an interlocutory decision in a civil action such as was formally cognizable in equity and brought his petition for writ of certiorari under Rule 4.5(c), Florida Appellate Rules, 32 F.S.A. Petitioner misconceived his appellate remedy, the proper answer being an interlocutory appeal, under Rule 4.2, Florida Appellate Rules. We are not permitted to transpose and treat his petition as an appeal. Bartow Growers Processing Corp. v. Florida Growers Processing Cooperative, Fla. 1954, 71 So.2d 165; Schneider v. Manheimer, Fla.App. 1964, 170 So.2d 75. Sapp v. La Violette, Fla.App. 1970, 242 So.2d 483. See generally Florida Civil Practice After Trial, § 17.17, et seq.

Dismissed.

REED, C.J., and WALDEN and MAGER, JJ., concur.


Summaries of

Knight v. Edwards

District Court of Appeal of Florida, Fourth District
Apr 25, 1973
276 So. 2d 499 (Fla. Dist. Ct. App. 1973)
Case details for

Knight v. Edwards

Case Details

Full title:FRANK KNIGHT, PETITIONER, v. NORMAN EDWARDS, RESPONDENT

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 25, 1973

Citations

276 So. 2d 499 (Fla. Dist. Ct. App. 1973)

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