THE KATZ FAMILY PARTNERSHIP, APPELLANT,
v.
ROBERT PLACENTI AND GLADYS PLACENTI, HIS WIFE, AND TRANSWORLD REALTY SERVICES, INC., APPELLEES
THE KATZ FAMILY PARTNERSHIP, APPELLANT,
ROBERT PLACENTI AND GLADYS PLACENTI, HIS WIFE, AND TRANSWORLD REALTY SERVICES, INC., APPELLEES
648 So. 2d 296
Florida District Court of Appeal, Third District (1995)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The appeal is dismissed upon a holding that a trial court’s decision to allow a party to amend a counterclaim to state a new cause of action is not an appealable order under Rule 9.130, Florida Rules of Appellate Procedure. The parties’ attention is also directed to the Rules of Appellate Procedure relating to style of briefs, requests for oral argument and the briefs permitted to be filed by each party.1
. We acknowledge that Rule 9.130 on its face gives the impression that a cross-reply brief may be filed as a matter of course in an appellate proceeding. As the committee notes make clear, however, a cross-reply brief may only be filed if there is a cross appeal.
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The Travelers Indem. Co. v. Fla. Rock & Sand Co., 682 So. 2d 579 (Fla. 3d DCA 1996)…PER CURIAM. As far as the main appeal is concerned, the record contains substantial competent evidence to support the jury’s verdict. See Salazar v. Marrero, 670 So. 2d 191 (Fla. 3d DCA 1996); Hollub v. Clancy, 648 So. 2d 296 (Fla. 3d DCA 1995). Accordingly, the judgment based upon that verdict is affirmed. In connection with the cross-appeal, we find that the appellee/cross-appellant, Florida Rock & Sand Company (hereinafter “Florida Rock”) is correct in contending th…
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Hollub v. Clancy, 706 So. 2d 16 (Fla. 3d DCA 1997)…ially pled as a tort case. On the fourth amended complaint, the case was converted to a contract action. The jury returned a verdict for Buyers for $78,381 plus $34,156 in prejudgment interest. This court affirmed the judgment. See Hollub v. Clancy, 648 So. 2d 296 (Fla. 3d DCA 1995). Buyer filed a- motion in the trial court for attorney’s fees. The purchase contract provided that “in connection with any litigation including appellate proceedings arising out of this Contract, the prevailing party shall be ent…1 / 2