HARRY PEPPER v. CITY OF CAPE CORAL

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Docket Number

No. 78-2006.

Attorney(S)

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.

Judges

PER CURIAM.

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HARRY PEPPER ASSOCIATES, INC., A FLORIDA CORPORATION, LEWIS BASS, AND CHARLES L. WEISBERG, PETITIONERS, v. CITY OF CAPE CORAL, FLORIDA, A MUNICIPAL CORPORATION, DON GRAF, MAYOR, AND DONALD ROBERTS, PAUL L. FICKINGER, EDWARD C. COLEMAN, ARNOLD WEISBERG, GARY L. HINOTE, LYMAN J. MOORE AND HUGH GAMBLE, JR., COUNCILMEN, AS AND CONSTITUTING THE CITY COUNCIL OF THE CITY OF CAPE CORAL, FLORIDA, AND GULF CONTRACTING, INC., A FLORIDA CORPORATION, RESPONDENTS.

PER CURIAM.

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.

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