
    Wade LUPE and Rose Lupe, his wife, Petitioners, v. CITY OF FORT PIERCE, a municipal corporation under the laws of the State of Florida, Respondent.
    No. 69-71.
    District Court of Appeal of Florida, Fourth District.
    June 15, 1970.
    Rehearing Denied Aug. 6, 1970.
    Philip G. Nourse, Fort Pierce, for petitioners.
    Spencer B. Gilbert, Fort Pierce, for respondent.
   PER CURIAM.

We have treated this interlocutory appeal from an order of taking in an eminent domain proceeding as a petition for a writ of certiorari. Upon review of the order appealed, the briefs, record, and the oral argument, we have determined that the appellants have presented absolutely no basis on which this court may disturb the order of taking. Certiorari is, therefore, denied.

REED and OWEN, JJ., concur.

CROSS, C. J., specially concurs in conclusion, with opinion.

CROSS, Chief Judge

(specially concurring in conclusion).

I decline to treat the interlocutory appeal as a petition for a writ of certiorari.

The interlocutory appeal seeks review of an order entered in a proceeding at law. No showing has been made by the “interlocutory appeal” sufficient to invoke this court’s organic power to issue a common law writ of certiorari to review the order, I would dismiss the interlocutory appeal.  