WILLIAM B. CARN, A MINOR, BY HIS MOTHER AND NEXT FRIEND, NORMA L. JOHNSON, AND NORMA L. JOHNSON, INDIVIDUALLY, APPELLANTS,
v.
WILLIAM E. QUARLES, D/B/A CUSHMAN MOTOR SCOOTER SALES, AND WILLIAM E. QUARLES, AND HOWARD B. COKER, D/B/A CUSHMAN MOTOR SCOOTER SALES, AND HOWARD B. COKER, APPELLEES
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The appellate court dismissed the appeal because the order being appealed was not a final judgment. The trial court had denied a motion to reinstate a case dismissed for lack of prosecution, but this denial was not a final judgment from which an appeal could be taken.
No, an order denying a motion for reinstatement is not a final judgment. An appeal can only be taken from a final judgment.
“the order of dismissal was not a final judgment from which an appeal could be prosecuted”
Establishes that the initial dismissal order was not appealable.
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Join FLexlaw to unlock all legal intelligenceThe plaintiffs' case was dismissed for lack of prosecution. They filed a motion to reinstate the case, alleging good cause. The trial court denied thi…
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In an action at law, the trial court entered an order merely granting defendants’ motion to dismiss this cause for lack of prosecution in accordance with the provisions of section 45.19, Florida Statutes, F.S.A. Within the time provided by that statute, the plaintiffs filed their motion for reinstatement for alleged reasons of good cause. After hearing, the court found that good cause for reinstatement had not been shown, and it entered its order denying plaintiffs’ motion for reinstatement of the cause. Appellants-appeal from the latter order.
As was stated in National Surety Corp. v. Grahn, Fla.1952, 57 So.2d 457, the order of dismissal was not a final judgment from which an appeal could be prosecuted, and as further stated, when the trial court denies a petition for reinstatement, if the appellant be dissatisfied, a final judgment should be entered. It would then be in order for the appellant to file his notice of appeal from that final 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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Owens v. Ken's Paint AND Body Shop, 196 So. 2d 17 (Fla. 3d DCA 1967)…the appellant did not make a motion to reinstate provided by the rule. Under some conditions of the record this failure has been held to be a fatal defect. See National Surety Corp. v. Grahn, Fla. 1952, 57 So. 2d 457; Carn v. Quarles, Fla.App.1963, 157 So. 2d 536; Reilly v. Fuss, Fla.App.1964, 170 So. 2d 475. In Zukor v. Hill, Fla.1956, 84 So. 2d 554, the Supreme Court held that the dismissal of an action under statute dealing with abatement of action pending one year without prosecution, becomes absolute a…
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LaVonne D. Reilly v. Fuss, 170 So. 2d 475 (Fla. 2d DCA 1964)…ers of 15 May 1963 and 25 July 1963 were interlocutory orders at law and therefore not appealable.2 The petition was timely and the subsequent “final judgment” was properly made the subject of the notice of appeal. See Carn v. Quarles, Fla.App.1963, 157 So. 2d 536; National Surety Corp. v. Grahn, Fla.1952, 57 So. 2d 457. Getting to the merits, the record discloses that the plaintiff filed her action as the surviving widow of Walter E. Reilly who died in an airplane crash. The original complaint was filed 28…
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Fritz v. Sroczyk, 202 So. 2d 796 (Fla. 1st DCA 1967)…he appellant did not make a motion to reinstate provided by the rule. Under some conditions of the record this failure has been held to be a fatal defect. See National Surety Corp. v. Grahn, Fla. 1952, 57 So. 2d 457; Carn v. Quarles, Fla. App. 1963, 157 So. 2d 536; Reilly v. Fuss, Fla.App. 1964, 170 So. 2d 475. ****** “[3, 4] It should be noted that a ruling on a motion for order of dismissal for failure to prosecute is subject to attack only on the ground that it constitutes an abuse of discretion, and thi…
Authorities Cited
- Altiere v. The Atl. Nat'l Bank OF W. Palm Beach, 155 So. 2d 386 (Fla. 2d DCA 1963)