JOHN R. KENNEY, APPELLANT,
v.
ROY G. KUNNEMAN, ETC., ET AL., APPELLEES
JOHN R. KENNEY, APPELLANT,
ROY G. KUNNEMAN, ETC., ET AL., APPELLEES
397 So. 2d 1195
Florida District Court of Appeal, Fourth District (1981)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We conclude that only one of appellant’s points on appeal has merit. We therefore affirm the order of the trial court with the limited exception that appellant be permitted to amend his complaint to attempt to state a cause of action for wages and benefits, if any, accrued and unpaid at the time of termination of his employment.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
BERANEK and HERSEY, JJ., and WARREN, LAMAR (Associate Judge), concur.
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Broward Employment and Training Administration v. Cmty. P'ship Program, Inc., 422 So. 2d 1101 (Fla. 4th DCA 1982)…t had ever been entered. Under such circumstances, this court, as well as our sister courts, have held that the order setting aside such default was not appealable pursuant to Florida Rule of Appellate Procedure 9.130. McKinzie v. Hollywood, Inc., 397 So. 2d 1195 (Fla. 4th DCA 1981); Praet v. Martinez, 367 So. 2d 657 (Fla. 3d DCA 1979); Yates v. Roller Skating Rinks, Incorporated, 379 So. 2d 1333 (Fla. 5th DCA 1980). It is similarly not reviewable by certiorari. Leibman v. Sportatorium, Inc., 374 So. 2d 1124…
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Picardi v. Flota Venezolana DE MAR RIO Y Lago, 555 So. 2d 1301 (Fla. 3d DCA 1990)…eal is hereby dismissed. Tieche v. Florida Physicians Ins. Reciprocal, 431 So. 2d 287 (Fla. 5th DCA 1983); Broward Employment & Training Admin. v. Community Partnership Program, Inc., 422 So. 2d 1101 (Fla. 4th DCA 1982); McKinzie v. Hollywood, Inc., 397 So. 2d 1195 (Fla. 4th DCA 1981).…