SUZANNE SUTTON, P.A., APPELLANT,
v.
JOHN COLE, AS NATURAL PARENT ETC., ET AL., APPELLEES
SUZANNE SUTTON, P.A., APPELLANT,
JOHN COLE, AS NATURAL PARENT ETC., ET AL., APPELLEES
917 So. 2d 378
Florida District Court of Appeal, Fifth District (2005)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
ON MOTION TO DISMISS
Suzanne Sutton, a defendant in a negligence lawsuit, appeals the order entered by the trial court denying her motion for leave to file a third-party complaint for indemnification. Appellees, the named defendants in said third-party complaint, filed a motion with this court seeking dismissal of the appeal on the basis of lack of jurisdiction.
We conclude that, since the trial court’s order is neither an appealable final order nor an appealable non-final order, this court lacks jurisdiction to review the appeal. See Sears, Roebuck & Co. v. Phelps, 317 So. 2d 101 (Fla. 4th DCA 1975). Accordingly, we grant the appellees’ motion to dismiss and dismiss the instant appeal without prejudice.
DISMISSED.
PLEUS, C.J., SAWAYA and PALMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carlton Kent McADORY v. State, 933 So. 2d 692 (Fla. 2d DCA 2006)…session of cocaine is the possession of an illegal drug. Id. Dual convictions for trafficking and for simple possession of the same type of drugs, found at the same time, even though found in different locations, cannot stand. See Charneco v. State, 917 So. 2d 378, 379 (Fla. 2d DCA 2005); Howard v. State, 916 So. 2d 824, 825 (Fla. 2d DCA 2005); see also Johnson v. State, 712 So. 2d 380 (Fla.1998). Accordingly, we reverse the judgment and sentence for simple possession of cocaine. We affirm the judgment and se…
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Hamilton v. State, 929 So. 2d 575 (Fla. 1st DCA 2006)…kidnap-ing and false imprisonment violate double jeopardy. The State concedes error on this double jeopardy ground, and because of this concession, we reverse and vacate appellant’s conviction and sentence for false imprisonment. Charneco v. State, 917 So. 2d 378 (Fla. 2d DCA 2005) (reversing the appellant’s conviction for possession of heroin on double jeopardy grounds where the appellant was convicted of both trafficking in heroin and possession of heroin and the State conceded error). We otherwise affirm…
Authorities Cited
- Sears v. Phelps, 317 So. 2d 101 (Fla. 4th DCA 1975)