Cottrell v. Amerkan

BARNS, J.:

These proceedings are pending on petition for certiorari under Rule 34, and respondent has sought to dismiss such proceedings because the order sought to be reviewed was an. order denying defendant’s motion to dismiss plaintiff’s bill of complaint when the petitioner had suffered the entering of a final decree against him before the presentation of the petition for certiorari, which final decree was not effectively appealed.

Authorities relied upon by the respondent for the dismissal of the certiorari are as follows:

Stockton v. Harmon, 32 Fla. 312, 13 So. 833, was a case heard upon a…