FLORIDA EAST COAST RAILROAD COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
CHARLES JONES, APPELLEE

Fla. 2d DCA | 1964-08-26
No. 4588
SMITH, C. J., and ALLEN and SHAN.NON, JJ., concur.
166 So. 2d 842 Florida District Court of Appeal, Second District (1964) Positive Treatment
Cited by 9 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

An appeal was brought 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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  • Royal Flagg Jonas and Barbara Jonas v. Bar-Jam Corp., 170 So. 2d 479 (Fla. 3d DCA 1965)
    …St. Petersburg v. Ridgewood Home Sites, Inc., Fla.App.1963, 157 So. 2d 551, cited and relied on by the chancellor in this case. Kurkjian v. Fish Carburetor Corporation, Fla.App.1962, 145 So. 2d 523; Weinstein v. Park Manor Constr. Co., Fla.App.1964, 166 So. 2d 842. In the Kurkjian case the first district court of appeal, speaking through Judge Rawls said: “Plaintiff urges that the mortgage foreclosure sale held under the provisions of F.S. § 702.02, F.S.A., has become absolute by the clerk’s execution of a c…
  • Wilson v. Adams & Fusselle, Inc., 467 So. 2d 345 (Fla. 2d DCA 1985)
    …reclosure action is always a matter for the sound judicial discretion of the trial judge in light of the facts of the case, and will not be disturbed absent a positive showing of a clear abuse of discretion. Weinstein v. Park Manor Construction Co., 166 So. 2d 842 (Fla. 2d DCA 1964); Matlack v. Owen, 181 So. 2d 602 (Fla. 2d DCA 1966); Builders Finance Co., Inc. v. Ridgewood Homesites, Inc., 157 So. 2d 551 (Fla. 2d DCA 1963). While granting of deficiency judgments is the rule rather than the exception, a deni…
  • Fara Mfg. Co., Inc. v. First Fed. Sav. & Loan Ass'n OF Miami, 366 So. 2d 164 (Fla. 3d DCA 1979)
    …ough conclusive with regard to the efficacy of sale in absence of timely objection thereto, is not necessarily conclusive with regard to the value of property sold on application for a deficiency decree. Weinstein v. Park Manor Construction Company, 166 So. 2d 842 (Fla. 2d DCA 1964). See also Fulton v. R. K. Cooper Construction Company, 208 So. 2d 863 (Fla. 3d DCA 1967), and Jonas v. Bar-Jam Corp., 170 So. 2d 479 (Fla. 3d DCA 1965). There is no Florida case holding that in the absence of evidence of the fair…

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