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BURNSED v. SEABOARD COASTLINE RAILROAD COMPANY

No. 43651.

290 So.2d 13 (1974)

Benjamin Levy BURNSED, Appellant, v. SEABOARD COASTLINE RAILROAD COMPANY, a Corporation, Appellee.

Supreme Court of Florida.

February 6, 1974.

Attorney(s) appearing for the Case

Ronald J. Hoffer, Dade City, for appellant.

George D. Lynn, Jr., of Harrison, Greene, Mann, Davenport, Rowe & Stanton, St. Petersburg, for appellee.

ROBERTS, Justice.

This cause is before us to review an interlocutory order of the Circuit Court of Pasco County holding that Section 357.08, Florida Statutes, F.S.A. is unconstitutional in that it is an arbitrary and unreasonable exercise of the police power. Although Burnsed seeks interlocutory appeal of the partial summary judgment entered by the trial court in favor of Seaboard Coastline Railroad Company, we must treat the appeal as a petition for writ of certiorari...

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