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.