JOHN R. ALTIERE, APPELLANT,
v.
THE ATLANTIC NATIONAL BANK OF WEST PALM BEACH, FLORIDA, A FLORIDA CORPORATION, AS EXECUTOR OF THE ESTATE OF WALTER A. MORTENSEN, DECEASED, APPELLEE
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The court held that an order granting a motion to dismiss in an action at law is an interlocutory order, not a final judgment, and thus is not appealable.
Plaintiff sued for eleven past-due rental installments under a lease. The trial court granted the defendant's motion to dismiss the amended complaint.…
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The appellant, as plaintiff below, filed his amended complaint against the defendant-appellee, alleging that the defendant was indebted to the plaintiff for eleven rental installments which, under the terms of a lease, had matured, were past due, and had not been paid. The plaintiff demanded judgment in the sum of $1,980.00, plus interest and costs. Upon the defendant’s motion to dismiss, the court entered its Order stating:
“* * * ORDERED and ADJUDGED that Defendant’s Motion to Dismiss the Amended Complaint be and the same is hereby granted.”
The plaintiff filed his notice of appeal, seeking review in this Court of the above Order. The record on appeal does not show the entry of a final judgment in this cause.
The order appealed from is not a final judgment; it is an interlocutory order. We have previously held that such an order entered in an action at law is not a final judgment from which an appeal may be taken. Baker v. Colley, Fla.App.1958, 104 So.2d 473; Herpel, Incorporated v. Pfundston, Fla.App.1958, 104 So.2d 620; Weinmann v. Ligon, Fla.App.1958, 105 So.2d 204.
We do not have jurisdiction to entertain this appeal. Therefore, it must be dismissed ex mero motu. An appropriate order will be entered.
SMITH, C. J., KANNER, J., and BARNS, PAUL D., Associate Judge, concur.
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Wash. Sec. Co. v. Tracy's Plumbing & Pumps, Inc., 166 So. 2d 680 (Fla. 2d DCA 1964)…it could be based. As to actions at law this court has held that orders merely dismissing the complaint without dismissing the cause lack the finality requisite to full appeal.2 Altiere v. The Atlantic National Bank of West Palm Beach, Fla.App.1963, 155 So. 2d 386; Weinmann v. Ligon, Fla.App.1958, 105 So. 2d 204; Baker v. Colley, Fla.App.1958, 104 So. 2d 473; Herpel, Inc. v. Pfundston, Fla.App.1958, 104 So. 2d 620. The Third District Court of Appeal has held likewise in Shotkin v. Deehl, Fla.App.1963, 148 So.…
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Raphael v. Carner, 194 So. 2d 298 (Fla. 4th DCA 1967)…rner, to dismiss the Fifth Amended Complaint be, and the same is hereby granted with prejudice. «* * An order which merely grants a motion to dismiss a complaint is interlocutory. Altiere v. Atlantic National Bank of West Palm Beach, Fla.App.1963, 155 So. 2d 386. Adding the words “with prejudice” to such an order (merely granting a motion to dismiss) does not make such an order final. Thatcher v. Sullivan, Fla.App.1962, 138 So. 2d 532. To constitute a final appealable judgment the order must go further and…
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Carn v. Quarles, 157 So. 2d 536 (Fla. 2d DCA 1963)…judgment. The order au- [*537] -pealed from only denied the plaintiffs’ motion for reinstatement. It does not contain the necessary language of finality requisite to final judgment. Altiere v. Atlantic National Bank of West Palm Beach, Fla.App.1963, 155 So. 2d 386. The order appealed from in this cause is not a final judgment. Appellees’ motion to/dismiss will be granted. An appropriate order will be entered. SMITH, C. J., and KANNER and WHITE, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Baker v. Colley, 104 So. 2d 473 (Fla. 2d DCA 1958)
- Weinmann v. Ligon, 105 So. 2d 204 (Fla. 2d DCA 1958)
- Herpel v. Pfundston, 104 So. 2d 620 (Fla. 2d DCA 1958)