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TEL SERVICE CO. v. HENDRICKS

District Court of Appeal of Florida, Second District
Apr 10, 1962
139 So. 2d 436 (Fla. Dist. Ct. App. 1962)

Opinion

No. 2773.

March 23, 1962. Rehearing Denied April 10, 1962.

Petition from the Circuit Court, Polk County, D.O. Rogers, J.

William B. Holland, Winter Haven, for petitioner.

Malcolm R. Williams, Gainesville, for respondent.


Petitioner seeks review by way of certiorari of an order of the trial court in a common law action dismissing its cause for improper venue. Although not raised by the parties, we must address ourselves to the question of our jurisdiction. Orders at common law relating to venue may be reviewed by interlocutory appeal, Florida Appellate Rule 4.2, 31 F.S.A. Thus, certiorari does not lie, and a Petition for Writ of Certiorari may not be treated as an appeal. Mapoles v. Wilson, Fla.App. 1960, 122 So.2d 249.

Finding that we do not have jurisdiction, the Petition for Writ of Certiorari is denied.

SHANNON, C.J., and KANNER and SMITH, JJ., concur.


Summaries of

TEL SERVICE CO. v. HENDRICKS

District Court of Appeal of Florida, Second District
Apr 10, 1962
139 So. 2d 436 (Fla. Dist. Ct. App. 1962)
Case details for

TEL SERVICE CO. v. HENDRICKS

Case Details

Full title:TEL SERVICE CO., INC., PETITIONER, v. W.W. HENDRICKS, JR., D/B/A HENDRICKS…

Court:District Court of Appeal of Florida, Second District

Date published: Apr 10, 1962

Citations

139 So. 2d 436 (Fla. Dist. Ct. App. 1962)

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