F. J. MARTIN, D/B/A MARTIN'S GROCERY, APPELLANT,
v.
RAY E. GREEN, COMPTROLLER, APPELLEE

Fla. 2d DCA | 1961-11-10
No. 2613
SHANNON, C. J., and SMITH and WHITE, JJ., concur.
134 So. 2d 268 Florida District Court of Appeal, Second District (1961) Positive Treatment
Cited by 36 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The notice of appeal is directed to an order of the Circuit Court hearing date April 18, 1961. The appellee has moved to dismiss the appeal, contending that the order appealed is not a final judgment from which an appeal may be taken, and asserting that the final order was entered on November IS, 1960. We find that neither the order of April 18, 1961, nor the order of November 15, 1960, is a final judgment from which an appeal may be taken in an action at law and the appeal is, therefore, dismissed ex mero motu.

SHANNON, C. J., and SMITH and WHITE, JJ., concur.


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  • …red loans from the petitioner bank. .The rule may be different if the court acts before trial and if the parties have not themselves expressly waived a jury. See Shores v. Murphy, 88 So. 2d 294 (Fla.1956); Bardee Corp. v. Arnold Altex Aluminum Co., 134 So. 2d 268 (Fla. 3d DCA 1961); cases collected, Annot., infra, 9 A.L.R. 4th at 1069-72.…
  • Wertman v. Tipping, 166 So. 2d 666 (Fla. 1st DCA 1964)
    …l impose no injustice on his adver [*668] sary 2 and further will not unreasonably inconvenience the court in the performance of its duties. See: Bittner v. Walsh, Fla.App., 132 So. 2d 799; Bardee Corp. v. Arnold Altex Aluminum Co. et al., Fla.App., 134 So. 2d 268. The appellant-defendant did not meet this burden. On the issue of the propriety of the amount of the judgment, we find that there was substantial, competent evidence to support the finding of trial judge that the dog which was lost had a value of…
  • Highland Lakes, Inc. v. ART Present Real Est., Inc., 147 So. 2d 348 (Fla. 3d DCA 1962)
    …of the sale which was consummated. The findings of fact of a trial judge upon a non-jury trial are entitled to the same weight as a jury verdict. MacGregor v. Sachs, Fla.1952, 57 So. 2d 426; Bardee Corp. v. Arnold Altex Aluminum Co., Fla.App. 1961, 134 So. 2d 268; La-France Cleaners & Dyers, Inc. v. Argenio, Fla.App.1962, 147 So. 2d 330. Therefore, we will not reverse unless it is made to clearly appear that the judgment of the-trial judge is erroneous or where his findings are manifestly against the weight…

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