SANTINI BROTHERS, INC. v. GROVER

No. 76-543.

338 So.2d 79 (1976)

SANTINI BROTHERS, INC., and Insurance Company of North America, Petitioners, v. Melvin GROVER et al., Respondents.

District Court of Appeal of Florida, Fourth District.

October 8, 1976.


Attorney(s) appearing for the Case

Frank E. Maloney, Jr., of Fleming, O'Bryan & Fleming, Fort Lauderdale, for petitioners.

Steven R. Berger of Carey, Dwyer, Austin, Cole & Selwood, Miami, for respondents.


DOWNEY, Judge.

Petitioner as a third party defendant in the trial court seeks review by certiorari of an order denying petitioner's motion to dismiss the third party complaint.

We see no reason to grant the petition in this case and rule on the merits of the question presented unless we propose to allow certiorari review in every action formerly cognizable at law when a defendant is aggrieved by the trial court's failure to grant a motion to dismiss the complaint...

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