GEORGIA INDUSTRIAL REALTY COMPANY, APPELLANT,
v.
DUVAL CONNECTING RAILROAD COMPANY, APPELLEE

Fla. 1st DCA | 1965-02-16
No. F-364
WIGGINTON, Acting C. J., CARROLL, DONALD K., J., and FITZPATRICK, W. L., Associate Judge, concur.
175 So. 2d 70 Florida District Court of Appeal, First District (1965) Caution
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on the authority of State ex rel. Burr v. Jacksonville Terminal Co., 71 Fla. 295, 71 So. 474 (1916), and Demeter Land Co. v. Florida Public Service Co., 99 Fla. 954, 128 So. 402 (1930).

WIGGINTON, Acting C. J., CARROLL, DONALD K., J., and FITZPATRICK, W. L., Associate Judge, concur.


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  • Affiliated Mktg., Inc. v. Dyco Chems. & Coatings, Inc., 340 So. 2d 1240 (Fla. 2d DCA 1976)
    …l concerning the vacation of the default judgment can easily be rejected. The case was before Judge Phillips at the outset. His first order vacating the arbitration award was sufficient to retain jurisdiction over the matter. Cf. Carner v. Freedman, 175 So. 2d 70 (Fla.3d DCA 1965). Indeed this was recognized by Dyco, since in addition to the filing with Judge Kovachevich, it also filed before Judge Phillips a duplicate application to vacate the award. We turn now to the vacation of the arbitration award for…
  • …Certiorari denied without opinion. 175 So. 2d 70.…
  • City OF Fort Lauderdale v. Fraternal Order OF Police, 582 So. 2d 162 (Fla. 4th DCA 1991)
    …n-appealable, interlocutory order, as only “[a]n order vacating an [arbitration] award [*163] without directing a rehearing” is a final appealable order under Section 682.20(l)(e), Florida Statutes (1989) (former Section 57.-29). Carner v. Freedman, 175 So. 2d 70 (Fla. 3d DCA 1965). This being so, it necessarily follows that the City’s motion for rehearing did not stay rendition of the order appealed from under Fla.R.App.P. 9.020(g) as such motion was unauthorized under Fla.R.Civ.P. 1.530(a), (b), and that t…

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