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SEARS, ROEBUCK AND CO., APPELLANT, v. YVONNE CAROL PHELPS, A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, ET AL., APPELLEES.

OWEN, Judge.

Defendant in a negligence suit appeals from an order denying its motion for leave to file a third party complaint. The order appealed is an interlocutory order, not a final judgment. Because the order is not one reviewable under Rule 4.2 F.A.R., this court lacks jurisdiction of the appeal. We decline to treat the matter as a petition for certiorari. The appeal is dismissed without prejudice.

Dismissed.

MAGER and DOWNEY, JJ., concur.

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SEARS, ROEBUCK AND CO. v. PHELPS
(Aug 22, 1975)