GRADY M. COOKSEY, SR., AND HARVEY L. SPEARS, APPELLANTS,
v.
JANE R. HARTGE, EDWARD W. HOLMES, HARVEY PARKER, ROSAMOND PARKER, FANNIE N. MARSHALL, AND CAROLYN S. HACKLER, APPELLEES
ON MOTION FOR DETERMINATION OF FINALITY OF ORDER
COBB, Judge.
In response to the motion of appellants, this Court has determined that the order of dismissal herein appealed, which order was executed by the circuit court, on June 29, 1982, is a final, appealable order of dismissal. Calhoun v. Lee, 405 So. 2d 1067 (Fla. 5th DCA 1981); Laytner v. Humble Oil and Refining Co., 262 So. 2d 675 (Fla.1972). Our recent decision in Lawler v. Harris, 418 So. 2d 1239 (Fla. 5th DCA 1982), is distinguishable in that it dealt with the mere granting of a motion, not the actual dismissal of the cause.
SHARP, J., concurs.
DAUKSCH, J., dissents with opinion.
DAUKSCH, Judge,
dissenting.
In my opinion, we should not be advising appellate counsel about the appealability of lower court orders. It is our function to dismiss appeals which come to us from non-appealable orders; or, it is our function to deny motions to dismiss appeals which are from appealable orders. It is not our function to issue advisory orders regarding the appealability of an order.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Robert E. Lawler, M.D. v. Harris, 418 So. 2d 1239 (Fla. 5th DCA 1982)
- Ellen Heather (Lewis) Laytner v. Humble OIL & Ref. Co., 262 So. 2d 675 (Fla. 1972)
- Jansen v. Davis, 405 So. 2d 1067 (Fla. 5th DCA 1981)
- Beulah Calhoun v. LEE, 405 So. 2d 1067 (Fla. 5th DCA 1981)