GEORGE ROSCOE FINLEY, APPELLANT,
v.
CORALEE RUSSELL FINLEY, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court dismissed an appeal because the appellant appealed an order denying a rehearing instead of the final decree. The court reiterated that an appeal must be taken from the final judgment or decree to confer jurisdiction.
No, an appeal from an order denying a petition for rehearing does not lodge the cause in the appellate court for review when the appeal is not also taken from the final decree.
“The appellant thus appeals not from the final decree, but from the order denying the petition for rehearing, and under our decisions this does not lodge the cause in this Court for review.”
Establishes the basis for the court's dismissal of the appeal.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA final decree was entered in a case, followed by a petition for rehearing which was denied. The appellant then filed a notice of appeal from the orde…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Finality Of Judgment cases and more on FLexlaw
Final decree was entered in this cause on March 26, 1957; petition for rehearing was filed on April 5 and denied on April 16; and on June 12, 1957, notice of appeal was filed
“To review the order, judgment or decree of the Circuit Court of the Ninth Judicial Circuit in and for St. Lucie County, bearing date the 16th day of April, A. D. 1957, entered in the above styled cause and recorded in the records of said Court in Chancery Order Book 41, page 428, and all parties to said cause are called upon to take notice of the entry of this appeal.”
The appellant thus appeals not from the final decree, but from the order denying the petition for rehearing, and under our decisions this does not lodge the cause in this Court for review. Burnup v. Bagley, Fla., 100 So.2d 622; Gasque v. Ball, 71 Fla. 257, 71 So. 329. The later order presents no issue for review other than those finally determined by the decree from which no appeal was taken.
Appeal dismissed.
TERRELL, C. J., and THOMAS, HOB-SON and ROBERTS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
McNARY v. Hudson, 110 So. 2d 73 (Fla. 2d DCA 1959)…ppeal that has not been made the subject of attack. Such procedure does not deposit the cause in this forum, there being no jurisdictional basis established for its consideration. The appeal will have to be dismissed. See Finley v. Finley, Fla.1958, 103 So. 2d 191; Klemenko v. Klemenko, Fla.1957, 97 So. 2d 11; and section 59.02 (2), F.S.A. Appeal dismissed. SHANNON, J., and DREW, E. HARRIS, Associate Judge, concur.…
-
Frank v. Amara, 235 So. 2d 537 (Fla. 1st DCA 1970)…ced by appellees in support of the motion direct [*538] this court’s attention to the body of cases holding that an appeal from an order denying a motion or petition for rehearing will not lie. Representative of such cases is Finley v. Finley, Fla., 103 So. 2d 191, and Young Adults for Progressive Action, Inc. v. B & B Cash Grocery Stores, Inc., Fla., 157 So. 2d 809. The rule elaborated upon in such cases is the controlling law of this jurisdiction. Were appellant’s notice of appeal directed to only that port…
-
Kaemmerlen v. Shannon, 119 So. 2d 315 (Fla. 2d DCA 1960)…PER CURIAM. This appeal is not from the final decree, but from the order denying the petition for rehearing. The appeal will have to be dismissed ex mero motu. Finley v. Finley, Fla.1958, 103 So. 2d 191; McNary v. Hudson, Fla.App., 1959, 110 So. 2d 73. Appeal dismissed. ALLEN, C. J., and KANNER and SHANNON, JJ., concur.…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gasque v. Ball, 71 Fla. 257 (Fla. 1916)
- Burnup v. Bagley, 100 So. 2d 622 (Fla. 1958)