TEL SERVICE CO., INC., PETITIONER,
v.
W. W. HENDRICKS, JR., D/B/A HENDRICKS ANTIQUES AND DECORATING SHOP, RESPONDENT

Fla. 2d DCA | 1962-03-23
No. 2773
SHANNON, C. J., and KANNER and SMITH, JJ., concur.
139 So. 2d 436 Florida District Court of Appeal, Second District (1962) Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner seeks review by way of cer-tiorari of an order of the trial court in a common law action dismissing its cause for improper venue. Although not raised by the parties, we must address ourselves to the question of our jurisdiction. Orders at *437common law relating to venue may be reviewed by interlocutory appeal, Florida Appellate Rule 4.2, 31 F.S.A. Thus, cer-tiorari does not lie, and a Petition for Writ of Certiorari may not be treated as an appeal. Mapoles v. Wilson, Fla.App.1960, 122 So.2d 249.

Finding that we do not have jurisdiction, the Petition for Writ of Certiorari is denied.

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

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Citator

Cited By

  • Doby v. Griffin, 144 So. 2d 873 (Fla. 2d DCA 1962)
    …orders here are of that nature. Appeals from interlocutory orders at law, relating to venue or jurisdiction over the person, may be taken pursuant to Florida Appellate Rule 4.2, 31 F.S.A.; Tel. Service Co. Inc. v. W. W. Hendricks, Jr., Fla.App.1962, 139 So. 2d 436. The judgments and orders here do not relate to venue or jurisdiction over the person. We have dismissed an appeal from an interlocutory order where the appeal was not taken in accordance with the rule governing interlocutory appeals. Finneran v. Fi…

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