RALPH KUBIE, INDIVIDUALLY AND TRADING AS "RALPH'S JEWELRY STORE",
v.
THE HONORABLE ROSS WILLIAMS, ET AL., AS JUDGE OF ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA, AND KARLSBAD CORPORATION, A CORPORATION
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The court held that appeals from orders granting a new trial are not permitted under the relevant statute, and such appeals must be dismissed.
This case involves a landlord's statutory action to oust a tenant. The tenant appealed an order granting a new trial, but the relevant statute limits …
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This is the second appearance of this case here. On its former appearance it was on petition for prohibition and the writ was awarded. Kubie v. Karlsbad Corporation, et al., 158 Fla. 390, 28 So.2d 686.
The suit was initiated as a statutory action by the landlord to oust the tenant who was alleged to have unlawfully held possession of the demised premises after the expiration of his lease and after demand for possession by the landlord.
Such proceedings are controlled by Chapter 83 Florida Statutes 1941 (same F.S.A.). The privilege of appeal from orders granting new trial after verdict must be authorized by statute. Florida East Coast Ry. Co. v. Hayes, 66 Fla. 589, 64 So. 274; Zeigler v. Erler Corp., 102 Fla. 981, 136 So. 718.
Section 83.27 Fla. Statutes 1941 (same F.S.A.) governs appeals from orders made on motions for new trial and it limits the privilege of appeal to review orders denying new trial. This is done so that the losing party will not lose his privilege of review by filing motion for new trial and in effect the result is the review of final judgment.
On authority of our opinion and judgment in Kubie v. Karlsbad Corporation, et al., certiorari is granted and the *81order of the Circuit Court is quashed with directions that the appeal be dismissed.
So ordered.
THOMAS, C. J., TERRELL and ADAMS, JJ., concur.
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White v. Fletcher, 90 So. 2d 129 (Fla. 1956)…cts assumed to be true” and be, therefore, immune from liability for defamation. 53 C.J.S., Libel and Slander, § 131(3). Plaintiff’s case fails to prove any lack of good motive. As expressed by Mr. Justice Terrell in Kennett v. Barber, 159 Fla. 81, 31 So. 2d 44, 46, this Court held: “We think the rule is now generally accepted that any one who seeks public employment dr public office. or who makes his living by dealing with the public or otherwise seeks public patronage, submits his private character to t…
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Metro. Dade Cnty. v. Sergeant Gerald Mingo, 339 So. 2d 302 (Fla. 3d DCA 1976)…responsibility, a police officer should instill respect for himself and the department, and should so demean himself as to merit the confidence and respect of the public. Becker v. Merrill, 155 Fla. 379, 20 So. 2d 912 (1944). See Kennett v. Barber, 159 Fla. 80, 31 So. 2d 44 (1947). Therefore, we hold that the circuit court erred in its determination that there was a lack of competent, substantial evidence to support the hearing examiner’s determination of fact, and we reverse the final judgment entered in…
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Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. E. Coast Ry. Co. v. Hayes, 66 Fla. 589 (Fla. 1914)
- Zigler v. Erler Corp., 102 Fla. 981 (Fla. 1931)
- Kubie v. Karlsbad Corp., 158 Fla. 390 (Fla. 1947)
- THE State OF Fla. & others v. THE Bd. OF Pub. Instruction OF Hillsborough Cnty., 158 Fla. 412 (Fla. 1947)