LEROY COLLINS, GOVERNOR; RAY E. GREEN, COMPTROLLER; J. EDWIN LARSON, TREASURER ET AL., APPELLANTS,
v.
ST. ARMANDS-LIDO REALTY CORPORATION, APPELLEE
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This case involves an interlocutory appeal where the appellate court reserved ruling on the denial of motions to dismiss the complaint. The court also denied a motion to dismiss the appeal itself, without prejudice, as the basis for that motion was raised for the first time on appeal.
The appellate court reserved ruling on the interlocutory appeal until the lower court makes a final disposition. The court denied the motion to dismiss the appeal without prejudice.
“We are of the opinion that the ruling on this interlocutory appeal should be and is hereby reserved until final disposition of the cause by the lower court, pursuant to Rule 4.2, subd. f, Florida Appellate Rules, 31 F.S.A.”
This quote establishes the court's decision to defer ruling on the interlocutory appeal.
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Join FLexlaw to unlock all legal intelligenceAppellants, including the Governor, Comptroller, and Treasurer, appealed an order from the circuit court denying their motions to dismiss the complain…
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This cause is before this court on interlocutory appeal from an order of the circuit court for Sarasota County denying motions of appellants to dismiss the complaint of appellee. We are of the opinion that the ruling on this interlocutory appeal should be and is hereby reserved until final disposition of the cause by the lower court, pursuant to Rule 4.2, subd. f, Florida Appellate Rules, 31 F.S.A.
A motion has been filed by the appellant-trustees in this court to dismiss the appeal and direct the lower court to enter an order dismissing the complaint as to the appellant-trustees. The basis for such motion was not raised in the lower court but only here for the first time. The motion is denied without prejudice.
ALLEN, C. J., ICANNER, J., and SEBRING, HAROLD L., Associate Judge, concur.