GIBSON v. CURRY

No. 75-816.

319 So.2d 149 (1975)

Robert S. GIBSON, As Administrator of the Estate of Robert Glen Gibson, Deceased, and Allstate Insurance Company, a Foreign Corporation, Appellants, v. Gerald Isbun CURRY and Dee Curry, Husband and Wife, Appellees.

District Court of Appeal of Florida, Second District.

October 1, 1975.


Attorney(s) appearing for the Case

Daniel A. Carlton and G. Hunter Gibbons, Dart, Dickinson, O'Riorden, Gibbons & Quale, Sarasota, for appellants.

Jack McGill, Hazen, Berg & McGill, Venice, for appellees.


PER CURIAM.

Appellants attempted interlocutory appeal from an order striking their third affirmative defense in an action on the law side of the court. This court does not have jurisdiction to consider an appeal from such an order under Rule 4.2 F.A.R., and neither was the order of such nature as to be reviewable by common law certiorari.

The appeal is therefore dismissed ex mero motu.

McNULTY, C.J...

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