FLORENCE M. MICKLER, APPELLANT,
v.
W. H. SMITH AND HIS WIFE, MARTIE C. SMITH, MILLIE BRIDGEMAN AND GEORGE CHRISTY, APPELLEES

Fla. 2d DCA | 1959-04-29
No. 838
KANNER, C. J., and ALLEN and SHANNON, JJ., concur.
111 So. 2d 457 Florida District Court of Appeal, Second District (1959) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

No appeal was taken from the final judgment but only from the order denying the motion for new trial. The appeal is dismissed ex mero motu. Beck v. Hotchkiss, Fla.1954, 75 So.2d 289; Denton v. Cummins Diesel Engines of Florida, Fla.App. 1958, 101 So.2d 617; and Wilkey v. Loudon, Fla.App.1958, 102 So.2d 832.

Dismissed.

KANNER, C. J., and ALLEN and SHANNON, JJ., concur.


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  • Oxford v. Polk Fed. Sav. & Loan Ass'n OF Lakeland, 147 So. 2d 603 (Fla. 2d DCA 1962)
    …l decree. Fullerton v. Clark, 1940, 142 Fla. 200, 194 So. 481; Hollywood, Inc. v. Clark, 1943, 153 Fla. 501, 15 So. 2d 175; Klemenko v. Klemenko, Fla.1957, 97 So. 2d 11; McNary v. Hudson, Fla.App.1959, 110 So. 2d 73; Moore v. Carlisle, Fla.App.1959, 111 So. 2d 457. Such an order is, in effect, nonappealable where, as here, it presents no issue for review other than those finally determined by the decree from which no appeal was taken. Finley v. Finley, Fla.1958, 103 So. 2d 191; compare Central National Ins. C…
  • Whigam v. Ormand Arthur Bornstein, 118 So. 2d 252 (Fla. 3d DCA 1960)
    …made for an appeal from an order denying motion for new trial or other post trial motions. See Denton v. Cummins Diesel Engines of Florida, Fla.App.1958, 101 So. 2d 617; Wilkey v. Loudon, Fla.App.1958, 102 So. 2d 832; Mickler v. Smith, Fla.App.1958, 111 So. 2d 457. In view of the status of this appeal as reflected by the record, we have no alternative than to dismiss this appeal. It is so ordered. HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.…
  • Huntley Bros., Inc. v. Huntley, 143 So. 2d 330 (Fla. 1st DCA 1962)
    …PER CURIAM. Interlocutory appeal dismissed. See Finley v. Finley, 103 So. 2d 191 (Fla.1958); Means v. Douglas, 110 So. 2d 88 (Fla.App.1959), and Mickler v. Smith, 111 So. 2d 457 (Fla.App.1959). CARROLL, DONALD K., C. J., and STURGIS and WIGGINTON, JJ., concur.…

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