Executive Commercial Services, Ltd. v. South Florida Parts & Supply, Inc.

Petitioner, which was a defendant in the trial court, has filed a petition for writ of certiorari seeking review of an order that denied its motion to dismiss for lack of prosecution. It used the wrong procedure in seeking this review. An order denying dismissal for lack of prosecution, even in an action formerly cognizable at law, is an interlocutory order which may be reviewed by interlocutory appeal. Fla.App. Rule 4.2. However, the erroneous filing of a petition for certiorari rather than a notice of interlocutory appeal does not justify dismissal where, as in this case, a proper review…