WALTER T. EMBRY, INC. AND 1260 PALM BEACH LAKES, INC., APPELLANTS,
v.
LASALLE NATIONAL BANK, D/K/A LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE, AND FLORIDA 4C PROPERTIES, LLC, APPELLEES
WALTER T. EMBRY, INC. AND 1260 PALM BEACH LAKES, INC., APPELLANTS,
LASALLE NATIONAL BANK, D/K/A LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE, AND FLORIDA 4C PROPERTIES, LLC, APPELLEES
868 So. 2d 661
Florida District Court of Appeal, Fourth District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
[*662] PER CURIAM.
Appellant Walter T. Embry, Inc. appealed three orders in this case. As to the dismissal order, we affirm. As to the order striking defenses and the discovery order, this Court is without jurisdiction because the orders are non-final, non-ap-pealable orders. See Broward, County v. G.B.V. Int'l Ltd., 787 So. 2d 838, 843 (Fla.2001)(reeognizing that a discovery order is a non-final, non-appealable order); Bernstein v. First Fed. Sav. & Loan Ass’n of Orlando, 384 So. 2d 301, 302 (Fla. 5th DCA 1980)(concluding that an order striking affirmative defenses is not an appeal-able order under Florida Rule of Appellate Procedure 9.130).
AFFIRMED.
POLEN, MAY, JJ., and DAMOORGIAN, DORIAN, K, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dayna Bolera v. Papa, 142 So. 3d 918 (Fla. 4th DCA 2014)…future trial on damages to take place. The portions of the order striking appellant’s answer and affirmative defenses and entering judgment only on liability are non-final and non-appealable. See, e.g., Walter T. Embry, Inc. v. Lasalle Nat’l Bank, 868 So. 2d 661, 662 (Fla. 4th DCA 2004); Sterile Products Corp. v. Jones, 702 So. 2d 628 (Fla. 5th DCA 1997); Brannon v. Johnston, 83 So. 2d 779 (Fla.1955). We decline to address the merits of these portions of the order. This court reviews an order dismissing a…
Authorities Cited
- Broward Cnty. v. G.B.V. Int'l, Ltd., 787 So. 2d 838 (Fla. 2001)
- Bernstein v. First Fed. Sav. & Loan Ass'n OF Orlando, 384 So. 2d 301 (Fla. 5th DCA 1980)