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MIDSTATE HAULING COMPANY v. LIBERTY MUTUAL INSURANCE COMPANY

No. 741.

189 So.2d 826 (1966)

MIDSTATE HAULING COMPANY, Inc., Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, a Corporation, Appellee.

District Court of Appeal of Florida. Fourth District.

September 9, 1966.

Attorney(s) appearing for the Case

Paul A. Saad and Daniel R. Walbolt, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for appellant.

Howard J. Clifton, Orlando, for appellee.

PER CURIAM.

Midstate Hauling Company attempts to appeal an interlocutory order at common law dismissing its counterclaim and striking certain of its defenses.

Florida Appellate Rule 4.2, 31 F.S.A., provides for interlocutory appeals in common law proceedings only upon matters affecting venue or jurisdiction as authorized by Article V, Section 5(3), of the Constitution of Florida, F.S.A. The issues of venue or jurisdiction are not raised; therefore, the appeal...

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