WHITE PALMS OF PALM BEACH, INC., APPELLANT,
v.
HERBERT FOX AND BARBARA FOX, HIS WIFE, AND HAROLD KAPLAN, APPELLEES; HERBERT FOX AND BARBARA FOX, HIS WIFE, APPELLANTS, V. HAROLD KAPLAN, APPELLEE
PER CURIAM.
We determine that the "Order On Motion For Summary Judgment” which merely granted motions for summary judgment is a non-final, non-appealable order and as such the appeal must be dismissed for lack of jurisdiction. Palardy v. Igrec, 388 So. 2d 1053 (Fla. 4th DCA 1980); Pompano Paint Co. v. Pompano Beach Bank and Trust Co., 208 So. 2d 152 (Fla. 4th DCA 1968).
We deny the request for relinquishment of jurisdiction so that the trial court may enter a final judgment which will be appealable. Russell v. Russell, 507 So. 2d 661 (Fla. 4th DCA 1987). See also Johnson v. First Bank of Gainesville, 491 So. 2d 1217 (Fla. 1st DCA 1986).
APPEAL DISMISSED.
HERSEY, C.J., and WALDEN and GUNTHER, JJ., concur.
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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…
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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…
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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.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. First City Bank OF Gainesville & J. Emory Cross, 491 So. 2d 1217 (Fla. 1st DCA 1986)
- Russell v. Russell, 507 So. 2d 661 (Fla. 4th DCA 1987)
- Pompano Paint Co. v. Pompano Beach Bank & Tr. Co., 208 So. 2d 152 (Fla. 4th DCA 1968)
- Palardy v. Vladimar Igrec, 388 So. 2d 1053 (Fla. 4th DCA 1980)