JAMES MCKELL, APPELLANT,
v.
JOHN S. JACKSON AND MARGARET F. JACKSON, APPELLEES
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The Florida Supreme Court held that an order granting a rehearing after a final decree in an equity cause is an appealable interlocutory order. This decision allows parties to appeal the granting of a rehearing, which effectively nullifies the original final decree.
Yes, an order granting a rehearing after a final decree in an equity cause is an appealable interlocutory order under Section 4961 C.G.L., 3169 R.G.S.
“This is an appeal from an order in chancery granting a rehearing after final decree.”
Establishes the nature of the order being appealed.
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Join FLexlaw to unlock all legal intelligenceThe appellees moved to dismiss an appeal from an order in chancery that granted a rehearing after a final decree had been entered. The appellees argue…
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On Motion to Dismiss the Appeal.
This is an appeal from an order in chancery granting a rehearing after final decree. Appellee has moved to dismiss the appeal on the ground that an order granting a rehearing is not such an interlocutory order as is appealable under the statute. Section 4961 C. G. L., 3169 R. G. S.
Section 4958 C. G. L., 3166 R. G. S., provides that after a rehearing shall have been granted, no further or other proceedings shall be had or taken on the decree pronounced on the original hearing of the cause. Under this statute the effect of an order granting a rehearing is different from that of an order denying a rehearing. Therefore, the party whose final decree has been, in effect, abrogated by an order granting a rehearing is in a different situation from one whose petition for rehearing has been denied, as was the case dealt with in Gasque vs. Ball, 71 Fla. 257, 71 Sou. Rep. 329.
Our conclusion is that an order granting a rehearing after final decree in an equity cause is appealable under Sec. 4961 C. G. L., 3169 R. G. S., whether the final decree is. appealed from or not.
Motion to dismiss appeal denied.
Buford, C.J., and Whitfield, Terrell and Davis, J.J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Thomas v. Cilbe, Inc., 104 So. 2d 397 (Fla. 2d DCA 1958)…o. v. Scott, 87 Fla. 336, 100 So. 157; Fullerton v. Clark, 142 Fla. 200, 194 So. 481; Berns v. Harrison, 100 Fla. 1105, 131 So. 654; Heverle v. Rasmussen, 103 Fla. 76, 139 So. 259; Dade County v. Snyder, 134 Fla. 756, 184 So. 489; McKell v. Jackson, 107 Fla. 668, 145 So. 418; 3 C.J. 518; 4 C.J.S. Appeal and Error § 130, p. 259; Id., §§ 93-95, pp. 184-190; 2 Am.Jur. 858-865.” And further in this same case, quoting from page 182 of 15 So. 2d, it is said: "This is somewhat in line with a principle announced…
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Jones v. Wilson, 146 So. 2d 784 (Fla. 2d DCA 1962)…PER CURIAM. We have heretofore dismissed this appeal on the ground that the decree sought to be reviewed was not appealable. In a petition for rehearing the appellants submit that the holding in McKell v. Jackson, 1933, 107 Fla. 668, 145 So. 418, authorizes the appeal. [*785] During the interim since McKell v. Jackson considerable changes have been wrought by statutory revision and the advent of the rules governing trial procedure and appellate review in Florida. In McKell v. J…
Authorities Cited
- Gasque v. Ball, 71 Fla. 257 (Fla. 1916)