FRANK ANTHONY SMITH, MICHAEL SMITH, AND COLONIAL PENN INSURANCE COMPANY, APPELLANTS,
v.
DEBRA ANN GLISSON AND WILLIAM GLISSON, APPELLEES

Fla. 3d DCA | 1985-04-23
No. 84-1603
Before SCHWARTZ, C.J., and BARK-DULL and HUBBART, JJ.
468 So. 2d 394 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 5 cases
Topics
Plenary Appeal Non-Final Order Certiorari Final Judgment

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal by the third-party counter-defendants below seeks review of an order striking their defense of collateral estoppel arising out of the verdict in an earlier trial in the case and setting the previously severed third-party counterclaim against them for a subsequent trial. The order is obviously neither a final judgment which would support a plenary appeal pursuant to Fla. R.App.P. 9.110 nor one of the non-final orders subject to review under Fla.R.App. 9.130.

Moreover, since the alleged error may be considered on a subsequent appeal from an adverse final judgment if one is entered against the present appellants, it is inappropriate to treat this proceeding as a petition for certiorari. See Harte v. Palm Beach Biltmore Condominium Ass’n, 436 So. 2d 444 (Fla. 4th DCA 1983). For these reasons, the court lacks jurisdiction over this appeal, and it is accordingly dismissed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Northcutt v. Pathway Fin., 555 So. 2d 368 (Fla. 3d DCA 1989)
    …we dismiss the appeal. The partial summary judgment strikes seven of the defendant’s affirmative defenses. That portion of the partial summary judgment which strikes the affirmative defenses is a non-final, nonap-pealable order. Smith v. Glisson, 468 So. 2d 394 (Fla. 3d DCA 1985). The partial summary judgment also strikes defendant’s counterclaim. The suit on the guaranty proceeds, of course, in contract. The counterclaim has two counts, one for an accounting and the other for fraud in the inducement. Th…
  • Veguez v. Hollingsworth Apts. Corp., 473 So. 2d 21 (Fla. 3d DCA 1985)
    …9.110, nor one of the nonfinal orders subject to review under Florida Rule of Appellate Procedure 9.130. We likewise conclude that it would be inappropriate on this record to treat this proceeding as a petition for certiorari, see Smith v. Glisson, 468 So. 2d 394 (Fla. 3d DCA 1985), and, accordingly, dismiss this appeal. Appeal dismissed.…
  • Costa v. Doehla, 54 So. 3d 567 (Fla. 3d DCA 2011)

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