CHARLES R. WEINMANN, A MINOR, BY AND THROUGH HIS NEXT BEST FRIEND, EDWARD A. WEINMANN, APPELLANT,
v.
ROBERT G. LIGON AND PRUDY E. LIGON, HIS WIFE, AS NEXT BEST FRIEND AND PARENTS OF DAVID P. LIGON, A MINOR, APPELLEES

Fla. 2d DCA | 1958-09-19
No. 460
KANNER, C. J., ALLEN, J., and SPO-TO, I. C., Associate Judge, concur.
105 So. 2d 204 Florida District Court of Appeal, Second District (1958) Caution
Cited by 19 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from an order granting a motion to dismiss amended complaint in a negligence action.

An inspection of the record divulges that the order appealed from was not a final judgment, therefore, this case will have to be dismissed. See Renard v. Kirkeby Hotels, Fla.App.1958, 99 So.2d 719; Brannon v. Johnston, Fla.1955, 83 So.2d 779; Gates v. Hayner, 1886, 22 Fla. 325; and Milteer v. Seaboard Air Line Ry. Co., 65 Fla. 357, 61 So. 749.

Cause dismissed.

KANNER, C. J., ALLEN, J., and SPO-TO, I. C., Associate Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Wash. Sec. Co. v. Tracy's Plumbing & Pumps, Inc., 166 So. 2d 680 (Fla. 2d DCA 1964)
    …t has held that orders merely dismissing the complaint without dismissing the cause lack the finality requisite to full appeal.2 Altiere v. The Atlantic National Bank of West Palm Beach, Fla.App.1963, 155 So. 2d 386; Weinmann v. Ligon, Fla.App.1958, 105 So. 2d 204; Baker v. Colley, Fla.App.1958, 104 So. 2d 473; Herpel, Inc. v. Pfundston, Fla.App.1958, 104 So. 2d 620. The Third District Court of Appeal has held likewise in Shotkin v. Deehl, Fla.App.1963, 148 So. 2d 538, (Law); cf. Mitchell v. Italian-American…
  • Schwertfeger v. Constant, 109 So. 2d 173 (Fla. 2d DCA 1959)
    …rt held that an order “that said Motion to Dismiss and said Motion to Strike be, and the same are hereby granted,” was not a final judgment but an interlocutory order, and we dismissed the appeal for that reason. In Weinmann v. Ligon, Fla.App.1958, 105 So. 2d 204, we dismissed an appeal where an order had been entered simply granting a motion to dismiss an amended complaint. If the order had provided that the motion to dismiss the amended complaint be granted and the complaint or cause be dismissed, it would…
  • Altiere v. The Atl. Nat'l Bank OF W. Palm Beach, 155 So. 2d 386 (Fla. 2d DCA 1963)
    …hat such an order entered in an action at law is not a final judgment from which an appeal may be taken. Baker v. Colley, Fla.App.1958, 104 So. 2d 473; Herpel, Incorporated v. Pfundston, Fla.App.1958, 104 So. 2d 620; Weinmann v. Ligon, Fla.App.1958, 105 So. 2d 204. We do not have jurisdiction to entertain this appeal. Therefore, it must be dismissed ex mero motu. An appropriate order will be entered. SMITH, C. J., KANNER, J., and BARNS, PAUL D., Associate Judge, concur.…

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