AUBREY G. STONE, APPELLANT,
v.
JACK R. BUCKLEY AND MARY JUNE BUCKLEY, PARTNERS, DOING BUSINESS AS BUCKLEY'S CRANE SERVICE, APPELLEES
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This case involves an appeal from an order granting a motion for summary judgment. The appellate court dismissed the appeal because the order was not a final judgment and did not fall under the exceptions for interlocutory appeals.
No, an order granting a motion for summary judgment, without a subsequent final judgment, is not a final adjudication and does not fall within the exceptions for interlocutory appeals, making it unappealable.
“The appeal is from an order granting a motion for summary judgment filed by the defendants in the trial court.”
Describes the nature of the order being appealed.
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Join FLexlaw to unlock all legal intelligenceThe defendants in the trial court filed a motion for summary judgment, which was granted by the trial court. The plaintiff appealed this order. Howeve…
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The case about which this appeal is concerned is one at common law. The appeal is from an order granting a motion for summary judgment filed by the defendants in the trial court. The decretal part of the order reads:
“Ordered and adjudged that the motion for summary judgment filed by the defendants, Jack R. Buckley and Mary June Buckley, copartners trading under the firm name of Buckley’s Crane Service, be, and the same is, hereby, granted.”
There has been no final judgment entered consequent upon the order granting the motion just recited. The order thus appealed from is not a final adjudication nor does it come within the exception provided for under Rule 4.2, subd. a. Florida Appellate Rules, 31 F.S.A., which permits an interlocutory order at common law to be appealed when it relates to venue or jurisdiction over the person. See Chastain v. Embry, Fla.App.1960, 118 So.2d 33; Baker v. Colley, Fla.App.1958, 104 So.2d 473; and Renard v. Kirkeby Hotels, Inc., Fla.App.1958, 99 So.2d 719. We raise sua sponte the question as to the appealability of the order. Accordingly, the appeal is dismissed.
Appeal dismissed.
ALLEN, C. J., and KANNEK and SHANNON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Pompano Paint Co. v. Pompano Beach Bank & Tr. Co., 208 So. 2d 152 (Fla. 4th DCA 1968)…ing the motion for summary judgment is clearly not a final order or judgment appealable as such under F.A.R. 3. Chastain v. Embry, Fla.App.1960, 118 So. 2d 33; Pinellas County v. Woolley, Fla.App.1966, 189 So. 2d 217; Stone v. Buckley, Fla.App.1960, 119 So. 2d 298; Renard v. Kirkeby Hotels, Inc., Fla. App.1958, 99 So. 2d 719; Florida Living for the Retired, Inc. v. Retirement Hotel Associates, Inc., Fla.App.1964, 167 So. 2d 83. This court, however, will treat the appeal as an interlocutory appeal under F.A.R.…
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Shupack v. Allstate Ins. Co., 356 So. 2d 1298 (Fla. 3d DCA 1978)…it an order from which an interlocutory appeal could properly lie. See Harris v. Mosteller, 253 So. 2d 275 (Fla. 2d DCA 1971); Arnold v. Brady, 178 So. 2d 732 (Fla. 2d DCA 1965); Lyden v. DePiera, 147 So. 2d 573 (Fla. 3d DCA 1962); Stone v. Buckley, 119 So. 2d 298 (Fla. 2d DCA 1960); Chastain v. Embry, 118 So. 2d 33 (Fla. 2d DCA 1960); Elliott v. Lazar, 104 So. 2d 618 (Fla. 2d DCA 1958); and Renard v. Kirkeby Hotels, 99 So. 2d 719 (Fla. 3d DCA 1958). We recognize our authority to treat the appeal before the…
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Wash. Sec. Co. v. Tracy's Plumbing & Pumps, Inc., 166 So. 2d 680 (Fla. 2d DCA 1964)…l judgment has been entered consequent to the appeal order, which merely grants a motion for summary judgment, the order is not final and is not appealable. See e. g. Williams v. Maddren, Fla.App.1962, 147 So. 2d 572; Stone v. Buckley, Fla.App.1960, 119 So. 2d 298; Chastain v. Embry, Fla.App.1960, 118 So. 2d 33; Renard v. Kirkeby Hotels, Inc., Fla.App.1958, 99 So. 2d 719; Brannon v. Johnson, Fla.1955, 83 So. 2d 779. . Rule 3.2(b) F.A.R.; Rule 1.3 F.A.R. “Rendition” defined. . See Nowlin v. Pickren, Fla.App.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Renard v. Kirkeby Hotels, Inc., 99 So. 2d 719 (Fla. 3d DCA 1958)
- Baker v. Colley, 104 So. 2d 473 (Fla. 2d DCA 1958)
- Holland H. Chastain v. Embry, 118 So. 2d 33 (Fla. 2d DCA 1960)