GENE M. BURNETT, APPELLANT,
v.
PAUL B. JOHNSON, AS STATE ATTORNEY FOR THE COUNTY OF HILLSBOROUGH, ED BLACKBURN, ET AL., APPELLEES

Fla. 2d DCA | 1966-02-25
No. 6079
ALLEN, C. J., and LILES and HOB-SON, JJ., concur.
183 So. 2d 580 Florida District Court of Appeal, Second District (1966)

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Synopsis

The Florida District Court of Appeal dismissed an interlocutory appeal because it was not a proper subject for such an appeal and the parties had settled their dispute. The court found no grounds to entertain the appeal.


Holding

No, the interlocutory appeal was not properly before the court. The court found no grounds to entertain the appeal.


Key Quotes

“It was, therefore, not a proper subject for an interlocutory appeal.”

Establishes the primary reason for dismissal.

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Facts & Procedural History

The case involved an interlocutory appeal where none of the parties appeared for oral argument. The appellant and one appellee had settled their diffe…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The above styled case came to this court as an interlocutory appeal, was set down for oral argument on February IS, 1966, and none of the . parties appeared before the court on oral argument.

We noted that the case was a law action and that the interlocutory appeal filed herein did not relate to jurisdiction or venue. It was, therefore, not a proper subject for an interlocutory appeal. We also find in the record that the appellant and Paul B. Johnson had entered into a stipulation for a dismissal reciting that they had settled all of their differences and jointly moved this court to dismiss Johnson as a party, which this court did on November 2, 1965.

We find no grounds for entertaining this interlocutory appeal and hereby dismiss the said appeal.

ALLEN, C. J., and LILES and HOB-SON, JJ., concur.


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