GEORGIA SOUTHERN & F. RY. CO. v. DUVAL CONNECT. R. CO.

No. H-431.

193 So.2d 19 (1966)

GEORGIA SOUTHERN AND FLORIDA RAILWAY COMPANY, a Corporation, and Chase Manhattan Bank, As Trustee under a Trust Indenture Dated the First Day of June, 1963, a Corporation, Petitioners, v. DUVAL CONNECTING RAILROAD COMPANY, a Corporation, Respondent.

District Court of Appeal of Florida. First District.

Rehearing Denied January 10, 1967.


Attorney(s) appearing for the Case

Mathews, Osborne & Ehrlich, and Bedell, Bedell, Dittmar & Smith, Jacksonville, for petitioners.

Kurz, Toole, Martin, Booth & Taylor, and Cox, Grissett & Webb, Jacksonville, for respondent.


PER CURIAM.

This is a petition for writ of certiorari to review an interlocutory order of the trial court in a condemnation case, finding that it was necessary for respondent to take a permanent crossing easement over the petitioners' tracks at grade level, rather than above grade by a bridge or elevated structure, as petitioners contended was proper.

At the threshold we are confronted with the jurisdictional problem as to whether the

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