FLORIDA EAST COAST RAILWAY CO., A FLORIDA CORPORATION, APPELLANT,
v.
ELSIE SMITH, APPELLEE
FLORIDA EAST COAST RAILWAY CO., A FLORIDA CORPORATION, APPELLANT,
ELSIE SMITH, APPELLEE
166 So. 2d 233
Florida District Court of Appeal, Second District (1964)
Positive Treatment
Cited by 8 cases
Opinion of the Court
An appeal was brought by the defendant which involved a voluntary nonsuit. We dismissed the appeal as the order was non-appealable by the defendant.
On petition for rehearing the appellant requested that we treat the appeal as a petition for writ of certiorari, pursuant to Florida Statutes 59.45, F.S.A., and we granted a rehearing.
j. On rehearing and treating the appeal as a petition for writ of certiorari, we deny certiorari.
SMITH, C. J., and ALLEN and KAN-NER (Ret.), JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Peaslee v. Michalski, 167 So. 2d 242 (Fla. 2d DCA 1964)…intent and purpose was to restrict the then well-recognized nonsuit practice by fixing a time after which a voluntary non-suit was not to be allowed. The petition for certiorari is denied. See Florida East Coast Railway Co. v. Smith, Fla.App.1964, 166 So. 2d 233, Case No. 4065, opinion filed July 1, 1964. SMITH, C. J., and SHANNON, J., concur.…
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Fla. E. Coast R.R. Co. v. Jones, 166 So. 2d 842 (Fla. 2d DCA 1964)…ught by the defendant from an order granting the plaintiff a voluntary nonsuit, and the plaintiff has filed a motion to quash the appeal. An order granting a voluntary nonsuit is not appealable. See Florida East Coast Railway v. Smith, Fla.App.1964, 166 So. 2d 233, filed July 1, 1964, and Ramsey v. Aronson, Fla.App.1958, 99 So. 2d 643. The appeal is dismissed sua sponte. SMITH, C. J., and ALLEN and SHAN.NON, JJ., concur.…
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Thoman v. Timmothy Ashley, 170 So. 2d 332 (Fla. 2d DCA 1964)…cretion or fundamental procedural error. Cf. Ruis v. Halloway, Fla.App.1962, 139 So. 2d 745. The Second District has recently denied certiorari to review an order granting a voluntary nonsuit. Florida East Coast Railway Co. v. Smith, Fla.App. 1964, 166 So. 2d 233. See also footnote 3 with reference to recent appeals. Certiorari was also denied in Peaslee v. Michalski, Fla.App. 1964, 167 So. 2d 242, Case No. 4955, filed 26 August 1964, on the ground that the defendants had an adequate remedy by appeal [*339]…1 / 3
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