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Republic of Cuba v. Ritter

District Court of Appeal of Florida, Third District
Jun 6, 1961
130 So. 2d 98 (Fla. Dist. Ct. App. 1961)

Opinion

No. 60-602.

May 15, 1961. Rehearing Denied June 6, 1961.

Appeal from the Circuit Court for Dade County, George E. Holt, J.

Patton Kanner and William H. Morrow, Jr., Miami, for petitioners.

Owen S. Freed, Miami, and Hamilton, Straughn Sharit, Winter Haven, for respondent.


This is an appeal which sought to review certain interlocutory rulings in an action at law. The appeal was improvidently filed because interlocutory appeals in common-law actions are limited to those orders relating to venue or jurisdiction over the person. As authorized by statute, we have treated the notice of appeal as a petition for common-law certiorari. See Ludwig v. Cochran, Fla.App. 1959, 114 So.2d 484; Kautzman v. Bandler, Fla.App. 1960, 118 So.2d 256.

Rule 4.2. subd. a, Florida Appellate Rules, Fla. Stat., 31 F.S.A.

The burden of clearly demonstrating that the trial court has acted without and in excess of its jurisdiction or its rulings do not conform to the essential requirements of the law is upon the petitioners. They have failed to carry this burden and by reason thereof, the petition for certiorari should be and it is hereby denied.

It is so ordered.

HORTON, C.J., CARROLL, CHAS., J., and SMITH, D.R., Associate Judge, concur.


Summaries of

Republic of Cuba v. Ritter

District Court of Appeal of Florida, Third District
Jun 6, 1961
130 So. 2d 98 (Fla. Dist. Ct. App. 1961)
Case details for

Republic of Cuba v. Ritter

Case Details

Full title:REPUBLIC OF CUBA AND BANCO NACIONAL DE CUBA, PETITIONERS, v. ALEXANDER S…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 6, 1961

Citations

130 So. 2d 98 (Fla. Dist. Ct. App. 1961)

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The appellant has failed to show that the order entered in this case was without or in excess of the trial…

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