HELEN H. BENNETT, PETITIONER,
v.
JOHN FRATUS, RESPONDENT
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The Florida Supreme Court denied a writ of certiorari, holding that an order permitting a voluntary non-suit is not a final, appealable order. The court found no conflict with a prior decision because that case involved a final judgment.
No, an order permitting a voluntary non-suit is not a final, appealable order. Therefore, the dismissal of the appeal was proper, and no conflict exists with decisions reviewing final judgments.
“the order permitting the non-suit was non-final and therefore not subject to review by appeal.”
This quote explains the basis for the District Court of Appeal's dismissal of the appeal.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, Fratus, was permitted to take a voluntary non-suit by the trial court. The defendant, Bennett, appealed this order to the District Cour…
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Respondent, Fratus, who was plaintiff in .a law action in the trial court was permitted to take a voluntary non-suit with an approving order of the trial judge. Bennett appealed to the Court of Appeal, Third District. On Motion of Fratus as appellee, the District Court dismissed the appeal on the ground that the order permitting the non-suit was non-final and therefore not subject to review by appeal. Bennett v. Fratus, Fla.App., 164 So.2d 827. It is claimed here "that the cited decision conflicts with the decision of the Court of Appeal, First District, in Dobson v. Crews, 164 So.2d 252. There is no conflict. Here there was no final judgment. In Dobson, there was a final judgment. Hence no conflict exists. Even if an interlocutory appeal had been filed, the order did not relate to venue or jurisdiction of the person. Rule 4.2(a) Fla. App. Rules., 31 F.S.A.
Since the instant decision we have disposed of the voluntary non-suit problem in Crews v. Dobson, Fla., 177 So.2d 202, opinion filed July 7, 1965.
The writ is denied.
TPIORNAL, C. J., and THOMAS, ROBERTS, DREW and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Bennett v. Fratus, 177 So. 2d 335 (Fla. 1965)…ut opinion denied Bennett’s petition for certiorari. Bennett v. Fratus, Fla.App., 168 So. 2d 792, Case No. 4. In view of our decision in Crews v. Dobson, Fla., 177 So. 2d 202, opinion filed July 7, 1965, and our decision in Bennett v. Fratus, Fla., 177 So. 2d 334, opinion filed 21st of July, 1965, jurisdiction of this cause is returned to the District Court for further consideration of its order herein in the light of the foregoing decisions. See also Florida East Coast Railway Company v. Lewis, Fla.App., 16…1 / 2
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Bennett v. Fratus, 177 So. 2d 336 (Fla. 1965)…ut opinion denied Bennett’s petition for certiorari. Bennett v. Fratus, Fla.App., 168 So. 2d 792, Case No. 2. In view of our decision in Crews v. Dobson, Fla., 177 So. 2d 202, opinion filed July 7, 1965, and our decision in Bennett v. Fratus, Fla., 177 So. 2d 334, opinion filed 21st of July, 1965, jurisdiction of this cause is returned to the District Court for further consideration of its order herein in the light of the foregoing decisions. See also Florida East Coast Railway Company v. Lewis, Fla.App., 16…1 / 2
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Bennett v. Fratus, 177 So. 2d 702 (Fla. 3d DCA 1965)…rit of certiorari directed to this Court. While this latter petition was pending in the Supreme Court of Florida, that court rendered its decision in Crews v. Dobson, 177 So. 2d 202, opinion filed July 7, 1965, and its decision in Bennett v. Fratus, 177 So. 2d 334, opinion filed July 21, 1965. The Supreme Court of Florida has now returned jurisdiction of this cause to us for further consideration in the light of the foregoing decisions. See Bennett v. Fratus, Fla., 177 So. 2d 336, opinion filed July 21, 1965…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Crews v. Dobson, 177 So. 2d 202 (Fla. 1965)
- Dobson v. Crews, 164 So. 2d 252 (Fla. 1st DCA 1964)
- Andrews v. Bituminous Cas. Corp., 164 So. 2d 827 (Fla. 3d DCA 1964)