VITAL INDUSTRIES, INC., A FLORIDA CORPORATION, PETITIONER,

v.

DALE BUZAN, RESPONDENT

Fla. 1st DCA | 1982-04-20

No. AI-229

McCORD, LARRY G. SMITH and WENTWORTH, JJ., concur.

412 So. 2d 938 Florida District Court of Appeal, First District (1982) Caution

Cited by 2 cases

Topics

Appealability Of Non-Final Orders Compulsory Counterclaim Final Order

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Opinion of the Court

PER CURIAM.

The petition for writ of certiorari is granted and the trial court’s order granting execution on summary final judgment, entered December 10, 1981, is quashed.

On November 10, 1981, this Court dismissed an appeal from the summary final judgment upon counterclaim stating that the appeal was being dismissed because the order was neither a final order nor an appealable non-final order under Rule 9.130, Fla.R.App.P. The November 10 order was based on this Court’s determination that the counterclaim was a compulsory counterclaim and therefore no appeal could be taken until final disposition of both the claim and counterclaim. See S.L.T. Warehouse Company v. Webb, 304 So. 2d 97 (Fla.1974); Ryder Truck Lines, Inc. v. Pough, 392 So. 2d 590 (Fla. 3rd DCA 1981).

Since the summary final judgment on counterclaim was not a final judgment or order, the trial court erred in entering its order granting execution.

We have also considered the order denying motion to disqualify and find no error. McCORD, LARRY G. SMITH and WENTWORTH, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Ricotti v. KEY Largo Kamp Ground & Marina Condo. Ass'n, Inc., 452 So. 2d 1010 (Fla. 3d DCA 1984)

…PER CURIAM. Affirmed. City of South Miami v. Pytel, 412 So. 2d 938 (Fla. 3d DCA 1982); Sea [*1011] board Coast Line Railroad Co. v. Wiesenfeld Warehouse Co., 316 So. 2d 567, 569 (Fla. 1st DCA 1975), cert. denied, 328 So. 2d 846 (Fla.1976).…
Xtra Super Food Ctrs., Inc. v. Valdes, 680 So. 2d 1140 (Fla. 3d DCA 1996)

…Teate v. Winn-Dixie Stores, Inc., 524 So. 2d 1060 (Fla. 3d DCA), review denied, 534 So. 2d 402 (Fla.1988); Honda Motor Co., Ltd. v. Marcus, 440 So. 2d 373 (Fla. 3d DCA 1983), review dismissed, 447 So. 2d 886 (Fla.1984); City of South Miami v. Pytel, 412 So. 2d 938 (Fla. 3d DCA 1982).…

Authorities Cited

S. L. T. Warehouse Co. v. Wilmott Webb, 304 So. 2d 97 (Fla. 1974)
Ryder Truck Lines, Inc. v. Pough, 392 So. 2d 590 (Fla. 3d DCA 1981)

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