Knight v. Edwards, 72--1225

• Decision Date: 25 April 1973
• Docket Number: No. 72--1225,72--1225
• Citation: Knight v. Edwards, 276 So.2d 499 (Fla. App. 1973)
• Parties: Frank KNIGHT, Petitioner, v. Norman EDWARDS, Respondent.
• Court: Florida District Court of Appeals

Page 499

276 So.2d 499

Frank KNIGHT, Petitioner, v.Norman EDWARDS, Respondent.

No. 72--1225.

District Court of Appeal of Florida, Fourth District.

April 25, 1973.

Rollo E. Karkeet, Miami, for petitioner.

Sherman A. Katz, Koenig & Katz, Hollywood, for respondent.

PER CURIAM.

Petitioner was aggrieved by an interlucotory decision in a civil action such as was formally cognizable in equity and brought his petition for writ of certiorari under Rule 4.5(c), Florida Appellate Rules, 32 F.S.A.Petitioner misconceived his appellate remedy, the proper answer being an interlocutory appeal, under Rule 4.2, Florida Appellate Rules.We are not permitted to transpose and treat his petition as an appeal.Bartow Growers Processing Corp. v. Florida Growers Processing Cooperative, Fla.1954, 71 So.2d 165;Schneider v. Manheimer, Fla.App.1964, 170 So.2d 75.Sapp v. La Violette, Fla.App.1970, 242 So.2d 483.See generallyFlorida Civil Practice After Trial, § 17.17, et seq.

Dismissed.

REED, C.J., and WALDEN and MAGER, JJ., concur.