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GABBARD v. LUCAS

No. 76-1075.

340 So.2d 1204 (1976)

Frederick Franklin GABBARD et al., Appellants, v. Mark William LUCAS, a Minor, by and through His Father and Next Friend, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

December 10, 1976.

Attorney(s) appearing for the Case

Edna L. Caruso of Howell, Kirby, Montgomery, D'Aiuto & Dean, West Palm Beach, for appellants.

Jack H. Cook of Phillips & Babbitt, West Palm Beach, for appellees.

PER CURIAM.

Review is improvidently sought here by interlocutory appeal of an order (denying leave to file a counterclaim) in an action formerly cognizable at law. We treat the interlocutory appeal as a petition for writ of certiorari. Mac Papers, Incorporated v. Coin Machine Acceptance Corp., 210 So.2d 463 (Fla. 3d DCA 1968).

Since no irreparable harm or injury has been made to appear and an adequate and complete...

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