SOUTHERN LAUNDRY COMPANY OF MARIANNA, INC., A CORPORATION, APPELLANT,
v.
THE HOME INSURANCE COMPANY, A CORPORATION, AND ROBERT H. MILTON D/B/A MILTON REALTY AND INSURANCE COMPANY, APPELLEES
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The First District Court of Appeal of Florida dismissed an interlocutory appeal because it lacked jurisdiction, as the appeal did not concern venue or jurisdiction over the person, which are the only permissible grounds for interlocutory appeals in actions at law under Florida Appellate Rules.
No, the appellate court does not have jurisdiction to hear such an interlocutory appeal because Florida Appellate Rules limit interlocutory appeals in actions at law to questions of venue and jurisdiction over the person.
“The order appealed not being final and the question of venue and jurisdiction not being raised as an issue, the appeal should be and is hereby dismissed.”
Establishes the basis for dismissing the appeal due to the nature of the order and the lack of proper issues raised.
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Join FLexlaw to unlock all legal intelligenceSouthern Laundry Company filed an interlocutory appeal from a Florida Circuit Court order dismissing its complaint, with leave to amend. The appellees…
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This is an interlocutory appeal from an order of the Circuit Court, Jackson County, Florida, dismissing a complaint, with leave to amend. The plaintiff filed notice of interlocutory appeal of said order. The appellee made a motion before this court to have said interlocutory appeal be considered a full appeal. This motion was denied by this court. The appellant proceeded to file assignments of error, apparently without regard to the provision of Rule 4.2 of Florida Appellate Rules, 31 F.S.A., which limits interlocutory appeals from actions at law to questions of venue and jurisdiction over the person. The order appealed not being final1 and the question of venue and jurisdiction not being raised as an issue, the appeal should be and is hereby dismissed. This Court has no jurisdiction to treat this appeal as a full appeal.
WIGGINTON, Acting C. J., and SACK, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Berman Leasing Co. v. Brumage, 217 So. 2d 359 (Fla. 3d DCA 1969)…d (2) allowed it 20 days from the filing date of the order to file an amended complaint. The appeal must be dismissed upon the authority of Hancock v. Piper, Fla.1966, 186 So. 2d 489; Southern Laundry Co. of Marianna v. Home Ins. Co., Fla.App. 1966, 190 So. 2d 39; Simon v. Tampa Electric Company, Fla.App.1967, 198 So. 2d 379. We therefore do not determine whether the appellant’s complaint stated a cause of action. It is apparent, however, that the complaint fails to allege more than the barest legal conclus…
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Harley G. Cowles and Grace D. Cowles v. Phares, 430 So. 2d 995 (Fla. 4th DCA 1983)…ity of Miami Beach v. State ex rel. Pickin’ Chicken of Lincoln Road, Inc., 129 So. 2d 696 (Fla. 3d DCA 1961); Giffen Industries, Inc. v. Duncan Plastering Co., 137 So. 2d 6 (Fla. 3d DCA 1962); Southern Laundry Co. of Marianna, Inc. v. Home Ins. Co., 190 So. 2d 39 (Fla. 1st DCA 1966) and SCI, Inc. v. Aneco Co., 410 So. 2d 531 (Fla. 2d DCA 1982). Dismissed. LETTS, C.J., and HERSEY and WALDEN, JJ., concur.…
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Dick Dimond v. Cimaroli, 253 So. 2d 258 (Fla. 2d DCA 1971)…] The order appealed from not being final, and not being appealable under FAR 4.2, 32 F.S.A., the appeal must be dismissed on authority of Hancock v. Piper, Fla.1966, 186 So. 2d 489; Southern Laundry Co. of Marianna v. Home Ins. Co., Fla.App., 1966, 190 So. 2d 39; Simon v. Tampa Electric Company, Fla.App.1967, 198 So. 2d 379; Berman Leasing Company v. Brumage, Fla.App.1969, 217 So. 2d 359. Appeal dismissed. HOBSON and MANN, JJ., concur.…
Authorities Cited
- Hancock v. Wilford J. Piper and Alida Piper, 186 So. 2d 489 (Fla. 1966)