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Harry Pepper v. City of Cape Coral

District Court of Appeal of Florida, Second District
Feb 16, 1979
369 So. 2d 969 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-2006.

February 16, 1979.

Petition from the Circuit Court, Lee County, Jack R. Schoonover, J.

Philip T. Weinstein, Miami, for petitioners.

Richard V.S. Roosa, of Aloia, Dudley Roosa, Cape Coral, for respondents City of Cape Coral and Councilmen.

Daryl J. Brown, of Rosin, Abel, Band, Rosin Brown, Chartered, Sarasota, for respondent Gulf Contracting.


We originally requested a response to this petition for certiorari because we perceived the petition as containing substantial merit. However, upon consideration we note that the order refusing petitioners' right to amend their complaint is interlocutory in nature, and petitioners will always have an adequate remedy to attack the propriety of the order by way of appeal from the final judgment. Pic v. Hoyt Development Co., Inc., 309 So.2d 586 (Fla.2d DCA 1975); Wright v. Sterling Drugs, Inc., 287 So.2d 376 (Fla.2d DCA 1973).

Accordingly, the petition for writ of certiorari is denied.

GRIMES, C.J., and HOBSON and BOARDMAN, JJ., concur.


Summaries of

Harry Pepper v. City of Cape Coral

District Court of Appeal of Florida, Second District
Feb 16, 1979
369 So. 2d 969 (Fla. Dist. Ct. App. 1979)
Case details for

Harry Pepper v. City of Cape Coral

Case Details

Full title:HARRY PEPPER ASSOCIATES, INC., A FLORIDA CORPORATION, LEWIS BASS, AND…

Court:District Court of Appeal of Florida, Second District

Date published: Feb 16, 1979

Citations

369 So. 2d 969 (Fla. Dist. Ct. App. 1979)

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