THE GREYHOUND CORPORATION, APPELLANT,
v.
WILTON H. KELLY, APPELLEE
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The Florida District Court of Appeal, Second District, dismissed an interlocutory appeal from an order denying a motion for summary judgment. The court found it lacked jurisdiction because the order did not pertain to venue or jurisdiction, which are the only grounds for interlocutory appeals in actions at law under the applicable rule.
No, the court does not have jurisdiction to hear such an interlocutory appeal because the Florida Appellate Rules only permit interlocutory appeals in actions at law for orders relating to venue or jurisdiction.
“In the present case, defendant has attempted to take an appeal from an interlocutory order in an action at law.”
Establishes the nature of the appeal and the underlying case type.
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Join FLexlaw to unlock all legal intelligenceThe defendant, Greyhound Corporation, moved for a summary judgment in a common-law action, arguing that a release given by the plaintiff to a joint to…
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This case is before this court on an interlocutory appeal in a common-law action. The appellant, as defendant below, moved for a summary judgment on the ground that the plaintiff had executed a release for valuable consideration to a joint tort-feasor. Defendant’s theory was that as the cause of action accrued prior to the passage of Section 54.28, Fla.Stat., F.S.A. the defense of release of joint tort-feasor, available before passage of the statute, was still available to defendant. The motion was denied and the defendant takes this interlocutory appeal.
The question which defendant attempts to raise by this appeal is whether, where a release of one joint tort-feasor releases all, a statute can be passed which cuts off this defense of the unreleased tort-feasor, the statute becoming effective after the cause of action accrued but before the release was executed.
However, without further reference to the question raised, this court must dismiss the appeal ex mero motu. In the present case, defendant has attempted to take an appeal from an interlocutory order in an action at law. This is possible only if the order relates to venue or jurisdiction. 31 *472F.S.A.Rule 4.2, Fla.Appellate Rules 1957. The order here involved does not come within the rule cited, so this court is without jurisdiction to entertain an appeal therefrom.
Interlocutory appeal dismissed.
SHANNON, J., and STEPHENSON, GUNTER, Associate Judge, concur. .
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Holland H. Chastain v. Embry, 118 So. 2d 33 (Fla. 2d DCA 1960)…d when such is not the case, an appeal must be from a final decision, order, or judgment, in the absence of a provision by rule or statute otherwise authorizing an appeal from an interlocutory order. See Greyhound Corporation v. Kelly, Fla.App.1958, 104 So. 2d 471; Renard v. Kirkeby Hotels, Inc., Fla.App.1958, 99 So. 2d 719; Brannon v. Johnston, Fla.1955, 83 So. 2d 779; and Rules 3.2(b) and 4.2, Florida Appellate Rules, 31 F.S.A. The appeal does not concern venue or jurisdiction over the person. Since there i…
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Wilford Lee King v. Jacksonville Coach Co., 114 So. 2d 224 (Fla. 1st DCA 1959)…emed advisable, after entry of final judgment in the cause. WIGGINTON, C. J., and CARROLL, DONALD, J., and FUSSELL, CARROLL W., Associate Judge, concur. . Longo v. Collins, Fla.App.1958, 106 So. 2d 1; Greyhound Corporation v. Kelly, Fla. App.1958, 104 So. 2d 471.…