LET'S HELP FLORIDA, A POLITICAL COMMITTEE AND PAUL SCHOOL ET AL., APPELLANTS,
v.
DHS FILMS, INC., A NEW YORK CORPORATION, APPELLEE
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A judgment that totally disposes of the case as to a party is a final, appealable order, even if the case continues against other parties.
Plaintiffs appealed a summary final judgment entered in favor of one defendant, DHS Films, Inc. The case remained pending in the trial court against a…
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PEARSON, DANIEL, Judge.
The trial court entered summary final judgment in favor of DHS Films, Inc., one of two defendants below. The plaintiffs appealed. DHS has moved to dismiss the appeal contending that since the cause continues in the trial court against a co-defendant and that court’s labor is not done, the summary final judgment is not appealable.
We deny the motion to dismiss the appeal. A judgment, if otherwise final, as is the judgment here, which totally disposes of the case as to a party or parties, is a final appealable order which we have jurisdiction to review. Fla.R.App.P. 9.030(b)(1)(A). Such a judgment must be appealed within thirty days of rendition as prescribed in Florida Rule of Appellate Procedure 9.110(b), Dustin v. Latzko, 155 Fla. 824, 21 So. 2d 904 (1945); Logan v. Flood, 346 So. 2d 1243 (Fla. 1st DCA 1977),1 and cannot be appealed at the time of the disposition of the balance of the case, Donin v. Goss, 69 So. 2d 316 (Fla.1954).2
The motion to dismiss is, accordingly, denied.
. Logan v. Flood holds that where a final judgment is entered in a cause as to one or more defendants, the method of review is pursuant to former Florida Appellate Rule 3.2.b (1968). That rule provided that appeals from final decisions be commenced within thirty days from rendition.
. This situation is to be distinguished from a judgment which disposes of one of several claims, but where the parties remain in the action in the trial court. The resolution of appealability in the several claims situation depends upon whether they are distinct and severable. See Mendez v. West Flagler Family Ass’n, Inc., 303 So. 2d 1 (Fla.1974).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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del Castillo v. Ralor Pharmacy, Inc., 512 So. 2d 315 (Fla. 3d DCA 1987)…3 So. 2d 48 (Fla. 1st DCA 1977); Fla.R.App.P. 9.110(k); see Lakeview Townhomes Condominium Ass’n v. East Florida Corp., 454 So. 2d 576 (Fla. 3d DCA 1984); Phillips v. Ostrer, 442 So. 2d 1084 (Fla. 3d DCA 1983); Let’s Help Florida v. DHS Films, Inc., 392 So. 2d 915 (Fla. 3d DCA 1980); Logan v. Flood, 346 So. 2d 1243 (Fla. 1st DCA 1977). It was therefore reviewable only by timely appeal within 30 days of the order itself. Del Castillo’s rights as to that order were doomed when that appeal was aborted. This cour…
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Orlovsky v. Solid Surf, Inc., 405 So. 2d 1363 (Fla. 4th DCA 1981)…he order completely dismissed him from the case. Consequently, the judicial labor in the suit against Spence has ended. Accordingly, we have jurisdiction to review the dismissal as a final appealable order. See Let’s Help Florida v. DHS Films, Inc., 392 So. 2d 915 (Fla.3d DCA 1980). As to appellee, Solid Surf, on the other hand, the trial court’s order did not completely dismiss it from the case. Accordingly, the order is not final as to Solid Surf and, as such, is not appealable. Weltz v. Mann, 383 So. 2d 3…
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Holton v. H.J. Wilson Co., Inc., 482 So. 2d 341 (Fla. 1986)…lure to appeal the ruling should have properly served as a second bar to his eventual prosecution of a claim against Wilson. Orlovsky v. Solid Surf, Inc.; Phillips v. Ostrer, 442 So. 2d 1084 (Fla. 3d DCA 1983); Let’s Help Florida v. DHS Films, Inc., 392 So. 2d 915 (Fla. 3d DCA 1980). As a party to the action during the resolution of liability between Collom and Wilson, Holton was aggrieved by Wilson’s initial exoneration by summary judgment and should have joined in Collom’s appeal. Under section 768.31(4)(f)…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mendez v. W. Flagler Fam. Ass'n, Inc., 303 So. 2d 1 (Fla. 1974)
- Dustin v. Latzko, 155 Fla. 824 (Fla. 1945)
- Peek v. Fla. Comm'n on Offender Review (Fla. 1st DCA 2024)
- Donin v. Goss, 69 So. 2d 316 (Fla. 1954)
- Logan v. Flood, 346 So. 2d 1243 (Fla. 1st DCA 1977)