ROBERT E. WILLIAMS, APPELLANT,
v.
WILLIAM T. MADDREN ET UX., APPELLEES
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The Florida District Court of Appeal dismissed an appeal because the order granting summary judgment was not a final judgment, and therefore not appealable. The court raised this issue sua sponte.
No, an order granting a motion for summary judgment that does not constitute a final adjudication is not appealable.
“No final judgment has been entered consequent upon the order granting the motion; the order itself is not a final adjudication and so is nonappealable.”
This quote explains the core reason for dismissing the appeal.
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Join FLexlaw to unlock all legal intelligenceThe defendants filed a motion for summary judgment, supported by affidavits and exhibits, which the plaintiff opposed with an affidavit. The trial cou…
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This court, as to the present appeal, raises sua sponte the question of appeal-ability of an order emanating from a case on the law side and sought to be reviewed. A motion for summary judgment was filed by defendants, supported by affidavit with exhibits and opposed by affidavit of plaintiff. No genuine issue of any material fact was found to exist by the trial court under the pleadings and an order granting defendants’ motion was entered. The decretal part of the order reads: “The Motion for Summary Judgment upon the Complaint and Answer filed herein by the Defendants be and the same is hereby granted.”
The appeal is taken from this order entered February 6, 1962, and recorded February 9, 1962. No final judgment has been entered consequent upon the order granting the motion; the order itself is not a final adjudication and so is nonappealable. See Stone v. Buckley, Fla.App.1960, 119 So.2d 298, 299. Accordingly, the appeal is dismissed.
Dismissed.
SHANNON, C. J., KANNER, J., and SCOTT, CHARLES R., Associate Judge, concur.
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Wash. Sec. Co. v. Tracy's Plumbing & Pumps, Inc., 166 So. 2d 680 (Fla. 2d DCA 1964)…. But in the comparable situation where no final 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. “Rendit…
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Palardy v. Vladimar Igrec, 388 So. 2d 1053 (Fla. 4th DCA 1980)…l. McCready v. Villas Apartments, 379 So. 2d 719 (Fla. 5th DCA 1980); Bailey v. Allstate Insurance Co., 218 So. 2d 761 (Fla.2d DCA 1969); Pompano Paint Co. v. Pompano Beach Bank and Trust Co., 208 So. 2d 152 (Fla. 4th DCA 1968); Williams v. Maddren, 147 So. 2d 572 (Fla.2d DCA 1962). We find further support for this conclusion in the language of the order itself. Its verbiage explicitly contemplates the eventual entry of a final judgment and, consequently, it cannot be said that the order of redemption evidenc…
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Rice v. Doyle, 223 So. 2d 783 (Fla. 2d DCA 1969)…m such orders). [*785] The order herein granting the motion for partial summary judgment is clearly not a final order or judgment appealable as such under F.A.R. 3.2, Stone v. Buckley, Fla.App.1960, 119 So. 2d 298; Williams v. Maddren, Fla.App.1962, 147 So. 2d 572; and Pompano Paint Co. v. Pompano Beach Bank & Trust Co., Fla.App.1968, 208 So. 2d 152. In the instant appeal, the partial summary judgment was not final but was confined by its terms to the issue of liability alone. Therefore, judicial labor had n…
Authorities Cited
- Stone v. Buckley, 119 So. 2d 298 (Fla. 2d DCA 1960)