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Widener v. Kellenberger

District Court of Appeal of Florida, Second District
Dec 5, 1962
147 So. 2d 545 (Fla. Dist. Ct. App. 1962)

Opinion

No. 3515.

December 5, 1962.

Petition for review from the Circuit Court of Palm Beach County, R.O. Morrow, J.

Chester Bedell, of Bedell, Bedell Dittmar, Jacksonville, Coe, Richardson Broberg, Palm Beach, and Edward W. Starr, West Palm Beach, for petitioners.

Charles Nugent, Jr., of Miller, Cone, Owen, Wagner Nugent, West Palm Beach, and Hauser Reed, Deerfield Beach, for respondent.


Petitioners, defendants below, petition this court for certiorari seeking review of an interlocutory order at law denying their motion to dismiss counts two and three of plaintiff's four count amended complaint. We have examined the briefs of the parties and the record in this cause to determine if there is any reason why this particular case should be entitled to what amounts to an interlocutory appeal at law and, secondly, whether the petitioner would have a full, adequate and complete remedy by appeal after final judgment is rendered.

We have not found a significant difference between this case and other cases in which the courts have denied certiorari to review an interlocutory order refusing to dismiss a count or complaint in a common law action. See Pullman Company v. Fleishel, Fla.App. 1958, 101 So.2d 188; Wolf v. Industrial Supply Corp., Fla. 1952, 62 So.2d 30.

Certiorari denied.

SHANNON, C.J., and ALLEN and SMITH, JJ., concur.


Summaries of

Widener v. Kellenberger

District Court of Appeal of Florida, Second District
Dec 5, 1962
147 So. 2d 545 (Fla. Dist. Ct. App. 1962)
Case details for

Widener v. Kellenberger

Case Details

Full title:PETER A.B. WIDENER, III, AND M.E. BARNETT, PETITIONERS, v. MARTIN M…

Court:District Court of Appeal of Florida, Second District

Date published: Dec 5, 1962

Citations

147 So. 2d 545 (Fla. Dist. Ct. App. 1962)

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