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SEARS, ROEBUCK AND CO. v. PHELPS

No. 75-458.

317 So.2d 101 (1975)

SEARS, ROEBUCK AND CO., Appellant, v. Yvonne Carol PHELPS, a Minor, by and through Her Guardian Ad Litem, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

August 22, 1975.

Attorney(s) appearing for the Case

Michael B. Davis, West Palm Beach, Carey A. Randall and S.O. Carson, Walton, Lantaff, Schroeder, Carson & Wahl, Miami, for appellant.

Howard Todd Jaffe, Kaplan, Jaffe & Associates, Hollywood, and Frates, Floyd, Pearson, Stewart, Proenza & Richman, Miami, for appellees — Douglas C. Kaplan, Marlene Kaplan, Ray A. Schlichte, Jr., and Mary T. Schlichte.

OWEN, Judge.

Defendant in a negligence suit appeals from an order denying its motion for leave to file a third party complaint. The order appealed is an interlocutory order, not a final judgment. Because the order is not one reviewable under Rule 4.2 F.A.R., this court lacks jurisdiction of the appeal. We decline to treat the matter as a petition for certiorari. The appeal is dismissed without prejudice.

Dismissed.

MAGER and DOWNEY...

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