HILTON HENRY, PETITIONER,
v.
STEPHEN FINTA, RESPONDENT
HILTON HENRY, PETITIONER,
STEPHEN FINTA, RESPONDENT
559 So. 2d 434
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The petitioner attempts to seek certiorari jurisdiction over an order granting a motion for judgment on the pleadings after having first filed a notice of appeal from the order. Such an order is neither a non-final appealable order, Florida Rule of Appellate Procedure 9.130, nor a final appealable order. Russell v. Russell, 507 So. 2d 661 (Fla. 4th DCA 1987). Furthermore, petitioner fails to allege any of the necessary requirements to obtain extraordinary writ jurisdiction. The petition is therefore denied.
WALDEN, STONE and WARNER, JJ., concur.
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Maddrie v. McDONOUGH, 945 So. 2d 573 (Fla. 1st DCA 2006)…below. The circuit court previously granted respondent’s motion for judgment on the pleadings, but its order was not a final order because it [*574] did not expressly dispose of Maddrie’s petition for declaratory judgment. See, e.g., Henry v. Finta, 559 So. 2d 434 (Fla. 4th DCA 1990). Accordingly, Maddrie’s appeal of the order granting the motion for judgment on the pleadings was dismissed by this court as premature. See Maddrie v. McDonough, 933 So. 2d 579 (Fla. 1st DCA 2006). By his present petition, Maddri…
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Jacobs v. State, 733 So. 2d 552 (Fla. 2d DCA 1999)…ring on the motion to suppress. GREEN and CASANUEVA, JJ„ Concur. . The First District Court of Appeal has also certified this question, although in that case the driver consented to a "search” as opposed to a “look around.” See Robertson v. State, 559 So. 2d 434, 436 (Fla. 1st DCA 1990). We also note that the Third District appears to be in conflict on this issue. See Palmer v. State, 467 So. 2d 1063, 1064 (Fla. 3d DCA 1985) (police do not exceed scope of consent to "look into” defendant’s tote bag by openi…
Authorities Cited
- Russell v. Russell, 507 So. 2d 661 (Fla. 4th DCA 1987)