IN RE THE ESTATE OF CAROLINE YOUNG, A/K/A CAROLINE DENTZER YOUNG, DECEASED
PER CURIAM.
We deny the successor personal representative's renewed motion to dismiss the appeal. Our authority is Mogul v. Fodi-man, 406 So. 2d 1225 (Fla. 5th DCA 1981).
We believe the Mogul construction of rule 9.130(a)(4) is correct and applicable here.
We also believe the court in Warren v. Southeastern Leisure Systems, Inc., 522 So. 2d 979 (Fla. 1st DCA 1988) correctly found that rule 9.130(a)(3)(C)(i) did not authorize the appeal in that case, but failed to look at the last sentence of rule 9.130(a)(4).
If rule 9.130(a)(4) is not intended to be construed as Mogul does it, there has been ample opportunity for the Supreme Court to tighten up the language.
DOWNEY, GLICKSTEIN and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991)…judgment the appeal would be dismissed. Thus the appellant would thereafter be required to return to the lower tribunal, obtain a final, appealable judgment and file a new notice of appeal, if so inclined. In White Palms of Palm Beach, Inc. v. Fox, 525 So. 2d 518 (Fla. 4th DCA 1988), we applied this concept to an order which granted motions for summary judgment. We recede from the second aspect of Russell and now hold that where an appeal has been filed prematurely in cases such as this one the appeal will…
-
Yost v. Am. Nat'l Bank, 570 So. 2d 350 (Fla. 1st DCA 1990)…Company, 549 So. 2d 679, 680 (Fla. 1st DCA 1989); Johnson v. First City Bank of Gainesville, 491 So. 2d 1217, 1218 (Fla. 1st DCA 1986); Arcangeli v. Albertson’s, Inc., 550 So. 2d 557, 558 (Fla. 5th DCA 1989); White Palms of Palm Beach, Inc. v. Fox, 525 So. 2d 518, 519 (Fla. 4th [*354] DCA 1988); Russell v. Russell, 507 So. 2d 661 (Fla. 4th DCA 1987). Accordingly, we reverse the order which awarded final judgment to American National Bank without disposition of appellants’ compulsory counterclaim. The appeal…
-
Fairway Indus., Inc. v. Rollie Shuemaker and Mary L. Shuemaker, 558 So. 2d 192 (Fla. 4th DCA 1990)…PER CURIAM. Dismissed. General Textile Co., Inc. v. Martin County, 542 So. 2d 1072 (Fla. 4th DCA 1989); White Palms of Palm Beach, Inc. v. Fox, 525 So. 2d 518 (Fla. 4th DCA 1988); Russell v. Russell, 507 So. 2d 661 (Fla. 4th DCA 1987). STONE, WARNER and POLEN, JJ., concur.…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Warren v. Se. Leisure Sys., Inc., 522 So. 2d 979 (Fla. 1st DCA 1988)
- Hughes v. Sec. Eng'g, Inc., 406 So. 2d 1225 (Fla. 4th DCA 1981)
- Mogul v. Fodiman, 406 So. 2d 1225 (Fla. 5th DCA 1981)