CARL KOCH AND PAULA KOCH, APPELLANTS,

v.

STATE ROAD DEPARTMENT OF FLORIDA ET AL., APPELLEES

Citator

Cited By

• State of Fla. ex rel. Alfred Gordon POE & Doris v. Poe, 196 So. 2d 745 (Fla. 1967)
  …e ground for dismissal of the appeal unless it be clearly shown that the complaining party was misled or prejudiced by such deficiencies.” Among the contrary decisions preceding the promulgation of this rule are Koch v. State Road Depart., Fla.1958, 106 So. 2d 426; Proctor v. Kennedy, Fla.1953, 64 So. 2d 667; Douglas-Guardian Wrhse. Corp. v. Ins. A.F.C., Fla. 1949, 46 So. 2d 169; Henderson v. Stevens, 157 Fla. 641, 26 So. 2d 656. . Vol. 3, p. 347, Barron & Holtzoff, Fed. Prac. & Proc., Sec. 1302.1. . United…
• Robustiano Puga & Medmold, Inc. v. Suave Shoe Corp., 417 So. 2d 678 (Fla. 3d DCA 1981)
  …ourt in an early line of cases held that an appeal was automatically subject to dismissal where the notice of appeal identified an order denying post-trial motions for new trial or rehearing as the sole order appealed from. Koch v. State Road Dept., 106 So. 2d 426 (Fla.1958); Proctor v. Kennedy, 64 So. 2d 567 (Fla.1953); Douglas-Guardian Warehouse Corp. v. Insurance Agents Finance Corp., 46 So. 2d 169 (Fla.1950); Hen [*684] derson v. Stevens, 157 Fla. 641, 26 So. 2d 656 (1946). These cases, however, have been…
• Means v. Douglas, 110 So. 2d 88 (Fla. 1st DCA 1959)
  …certain conditions from an order granting a new trial. But the correctness of an order of the trial court denying a motion for new trial can only be assigned upon an appeal from the final judgment. Koch v. State Road Department of Florida, Fla.1958, 106 So. 2d 426 and authority therein cited. The plaintiff-cross-appellant had authority to appeal the above quoted order under § 59.04 Fla.Stat., F.S.A., because he is the aggrieved party upon the entry of the order granting a new trial. His right to appeal is co…

Authorities Cited

• Proctor v. Kennedy et ux., 64 So. 2d 567 (Fla. 1953)