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EXECUTIVE COM'L SERVICES, LTD. v. SOUTH FLA. PARTS & SUPPLY, INC.

No. 77-1924.

361 So.2d 737 (1978)

EXECUTIVE COMMERCIAL SERVICES, LTD., an Illinois Corporation, Petitioner, v. SOUTH FLORIDA PARTS & SUPPLY, INC., Joseph J. DeMarco, and Frances DeMarco, Respondents.

District Court of Appeal of Florida, Fourth District.

February 28, 1978.

Attorney(s) appearing for the Case

James B. Davis of Rimes, Greaton, Murphy & Batchelder, Fort Lauderdale, for petitioner.

No appearance for respondents.

PER CURIAM.

Petitioner, which was a defendant in the trial court, has filed a petition for writ of certiorari seeking review of an order that denied its motion to dismiss for lack of prosecution. It used the wrong procedure in seeking this review. An order denying dismissal for lack of prosecution, even in an action formerly cognizable at law, is an interlocutory order which may be reviewed by interlocutory appeal. Fla.App. Rule 4.2. However, the erroneous filing...

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