CARRIE MAE HAWTHORNE, APPELLANT,
v.
ISOM ROSS, D/B/A SPRINGFIELD MISSIONARY BAPTIST CHURCH, INC., APPELLEE
CARRIE MAE HAWTHORNE, APPELLANT,
ISOM ROSS, D/B/A SPRINGFIELD MISSIONARY BAPTIST CHURCH, INC., APPELLEE
413 So. 2d 466
Florida District Court of Appeal, Fourth District (1982)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
This cause involves the dismissal with prejudice of an amended complaint which we concede would normally be appealable. See Allstate Ins. Co. v. Collier, 405 So. 2d 311 (Fla. 4th DCA 1981).
However, in this instance, there is an existing counterclaim and the cause has not been finalized. Accordingly, we dismiss the appeal upon the authority of S.L.T. Warehouse Company v. Webb, 294 So. 2d 712, 713 (Fla. 4th DCA 1974). However, as we did in the Webb case, we stress that this dismissal is without prejudice to review the entire matter upon entry of a final judgment.
DISMISSED.
LETTS, C. J., and DOWNEY and WALDEN, JJ., concur.
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Sheoah Highlands, Inc. v. Daugherty, 837 So. 2d 579 (Fla. 5th DCA 2003)…omplainants or defendants so that a complete decree may be made binding upon all parties.” Oakland Props. Corp. v. Hogan, 96 Fla. 40, 117 So. 846, 848 (1928) (emphasis added). See Robinson v. Howe, 35 Fla. 73, 17 So. 368, 370 (1895); Brady v. Myers, 413 So. 2d 466, 467 (Fla. 4th DCA 1982). Here, Daugherty sued the Association and the members of the board of the Association in their representative capacities. He did not sue the members of the board in their individual capacities or those who own the enclosure…
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Generation Invs., LLC v. Al-Jumaa, Inc., 53 So. 3d 372 (Fla. 5th DCA 2011)…ts or defendants so that a com- [*376] píete decree may be made binding upon all parties.” Oakland Props. Corp. v. Hogan, 96 Fla. 40, 117 So. 846, 848 (1928) (emphasis added). See Robinson v. Howe, 35 Fla. 73, 17 So. 368, 370 (1895); Brady v. Myers, 413 So. 2d 466, 467 (Fla. 4th DCA 1982). 837 So. 2d at 583. In Sheoah, we found that the trial court had erred by entering an injunction that required a condominium’s governing association to remove enclosures that had been built by two unit-owners who were not p…
Authorities Cited
- Mitchell v. State, 405 So. 2d 311 (Fla. 4th DCA 1981)
- S. L. T. Warehouse Co. v. Wilmott Webb, 294 So. 2d 712 (Fla. 4th DCA 1974)