PETER L. D'AGOSTINO, LEONARD D'AGOSTINO AND HIS WIFE, KATE D'AGOSTINO, APPELLANTS,
v.
A. A. JACKSON, AS RECEIVER OF THE PROPERTY OF FLORIDA EAST COAST RAILWAY COMPANY, APPELLEE

Fla. 3d DCA | 1959-09-14
No. 58-520
HORTON, C. J., and CARROLL, CHAS., J., concur., PEARSON, J., dissents.
114 So. 2d 430 Florida District Court of Appeal, Third District (1959) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed.

HORTON, C. J., and CARROLL, CHAS., J., concur.

PEARSON, J., dissents.

PEARSON, Judge

(dissenting).

It is my opinion that the order appealed dismissed only the complaint and not the cause. It is not therefore a final judgment.

Dissent
PEARSON, Judge

PEARSON, Judge

(dissenting).

It is my opinion that the order appealed dismissed only the complaint and not the cause. It is not therefore a final judgment.


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  • In re Est. of Gregg Maxcy v. Stulting, 165 So. 2d 446 (Fla. 2d DCA 1964)
    …by an appellate court. Section 732.15, Florida Statutes, F.S.A.; Article V, sections 4 and 5 of the Florida Constitution, F.S.A. This court has so held in In re Hill’s Estate, Fla.App.1959, 114 So. 2d 462, and in Chapman v. Campbell, Fla.App. 1959, 114 So. 2d 430. Accordingly, the appeal is dismissed. ALLEN, Acting C. J., and SHANNON, J., concur.…
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  • …PER CURIAM. The order from which this appeal was taken is not final as provided for by Article V, Section 5(3), Constitution of the State of Florida, F.S.A., and Rule 4.4, Florida Appellate Rules, 31 F.S.A. (See Chapman v. Campbell, 114 So. 2d 430, decided by this court on September 16, 1959). An inspection of the record in the case of Johnson [*463] v. Johnson, 1946, 158 Fla. 315, 28 So. 2d 438, relied on by the appellants, divulges that that case was completed, and it was upon that status t…

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