BEN GALI, APPELLANT,
v.
ZAMORA JEWISH CENTER, A FLORIDA NON-PROFIT CORPORATION, ED SOLOMON AND EPHRAIM COLLINS, APPELLEES

Fla. 3d DCA | 1961-03-30
No. 60-125
HORTON, C. J., CARROLL, CHAS., J., and MILLEDGE, STANLEY, Associate Judge, concur.
128 So. 2d 403 Florida District Court of Appeal, Third District (1961) Positive Treatment
Cited by 1 case

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Synopsis

The appellate court dismissed an appeal because the order being reviewed was not a final order, and therefore not subject to interlocutory appeal. The court emphasized that only final orders or those pertaining to venue or jurisdiction are appealable.


Holding

No, such an order is not appealable because it is not a final order and does not fall under the exceptions for interlocutory appeals.


Key Quotes

“the order sought to be reviewed is not a final order or judgment from which an appeal lies.”

Establishes the primary reason for dismissal.

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Facts & Procedural History

The appellant sought to appeal an order that granted a motion to dismiss the amended complaint as to one of the defendants. This order was issued in a…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This cause was submitted to the court on the record and the briefs without oral argument. An examination of the record discloses that the order sought to be reviewed is not a final order or judgment from which an appeal lies. The order appealed, in a law action, inter alia, contained the following:

“ * * * the Motion to Dismiss Plaintiff’s Amended Complaint as to the Defendant, Ephraim Collins, is hereby granted.”

Inasmuch as this order does not pertain to venue or jurisdiction over the person, it is not reviewable by interlocutory appeal. Rule 4.2, Florida Appellate Rules, 31 F.S.A. Consequently, the appeal is dismissed without prejudice to the appellant to obtain a final order or judgment from which an appeal might lie.

Appeal dismissed.

HORTON, C. J., CARROLL, CHAS., J., and MILLEDGE, STANLEY, Associate Judge, concur.


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Citator

Cited By

  • Williams v. McCOMBS, 133 So. 2d 322 (Fla. 1961)
    …Certiorari denied without opinion. 128 So. 2d 403.…

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