ROBERT MICHAEL MALTZMAN ET AL., APPELLANTS,
v.
RICHARD PICKETT, ET UX., APPELLEES

Fla. 3d DCA | 1980-01-22
No. 78-1486
Before PEARSON and SCHWARTZ, JJ., and EZELL, BOYCE F., Jr. (Ret.), Associate Judge.
378 So. 2d 1344 Florida District Court of Appeal, Third District (1980) Caution
Cited by 28 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from an order for a new trial entered upon the plaintiffs’ motion. We have reviewed the order appealed, the record, the grounds assigned (in light of the arguments presented), the holdings of the Supreme Court in Castlewood International Corporation v. La Fleur, 322 So. 2d 520 (Fla.1975), and we find no clear abuse of discretion has been shown.

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (14 total)

  • Gries Inv. Co. v. Chelton, 388 So. 2d 1281 (Fla. 3d DCA 1980)
    …ing that an order which merely grants a motion for summary judgment and does not enter the judgment itself is not final. See Aetna Casualty & Surety Company v. Meyer, 385 So. 2d 10 (Fla. 3d DCA 1980); Donnell v. Industrial Fire and Casualty Company, 378 So. 2d 1344 (Fla. 3d DCA 1980), and cases collected therein. Obviously implicit in any order granting a motion for summary judgment is that it is with prejudice. Therefore, insofar as prejudice is concerned, an order granting a motion for summary judgment is in…
  • Edward L. Nezelek, Inc. v. Sunbeam Television Corp., 413 So. 2d 51 (Fla. 3d DCA 1982)
    …e order as it merely grants a motion to dismiss, see, Cassidy v. Ice Queen International, Inc., 390 So. 2d 465 (Fla. 3d DCA 1980); Gries Investment Company v. Chelton, 388 So. 2d 1281 (Fla. 3d DCA 1980); Donnell v. International Fire & Casualty Co., 378 So. 2d 1344 (Fla. 3d DCA 1980). However, Rule 9.130(g), Florida Rules of Appellate Procedure authorizes this court to review initially non-final orders where we are called upon to review the final order terminating litigation in a case. . Though the trial cour…
  • …, Florida Rules of Civil Procedure.5 Reversed. , Barnes filed a notice of appeal from the trial court’s order granting the defendants’ motion to dismiss. Such an order is not final and not appealable. Donnell v. Industrial Fire & Casualty Company, 378 So. 2d 1344 (Fla. 3d DCA 1980); Guth v. Howard, 362 So. 2d 725 (Fla. 2d DCA 1978). We thereafter remanded the case to the trial court for the entry of an appropriate final order. The trial court’s order dismissing Barnes’ action has now been entered and the pre…

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