WINDOWMASTER CORP., A FLORIDA CORPORATION, APPELLANT,
v.
JAMES A. KNOWLES, INC., AND SEABOARD SURETY COMPANY, APPELLEES

Fla. 3d DCA | 1966-12-13
No. 66-449
Before PEARSON, CARROLL and SWANN, JJ.
193 So. 2d 46 Florida District Court of Appeal, Third District (1966) Positive Treatment
Cited by 2 cases

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Synopsis

The appellate court affirmed the lower court's denial of a motion for rehearing, holding that an appeal from such a denial does not bring up prior interlocutory orders for review. The court also found the original venue transfer order to be correct on the merits.


Holding

No, an interlocutory appeal from an order denying a motion for rehearing does not bring up for appellate review the correctness of other interlocutory orders previously entered in the cause.


Key Quotes

“An interloctory appeal from an order denying a motion for rehearing does not bring up for appellate review the correctness of other interlocutory orders previously entered in the cause.”

This quote states the primary legal principle relied upon by the court to limit the scope of the appeal.

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Facts & Procedural History

The plaintiff, Windowmaster Corp., filed a motion for rehearing after the trial court transferred the case from Dade County to Pinellas County due to …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This interlocutory appeal is from an order of May 11, 1966 which denied the plaintiff’s (appellant’s) motion for rehearing. The motion for rehearing was directed to a previous order of April 1, 1966, which had transferred the cause from Dade County to Pinellas County, Florida, on the grounds of improper venue.

An interloctory appeal from an order denying a motion for rehearing does not bring up for appellate review the correctness of other interlocutory orders previously entered in the cause. Taborsky v. Mathews, Fla.App.1962, 137 So.2d 880; McNary v. Hudson, Fla.App.1959, 110 So.2d 73. No error having been demonstrated, we affirm.

Notwithstanding this rule, we have examined the case on its merits and have determined that the order transferring the cause because of improper venue was correct.

Affirmed.


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Citator

Cited By

  • Holzman v. S. Bell Tel. & Tel. Co., 303 So. 2d 678 (Fla. 4th DCA 1974)
    …as timely as to the order denying rehearing, an appeal from that order does not bring up for appellate review the correctness of other interlocutory orders previously entered in the cause. Windowmaster Corp. v. James A. Knowles, Inc., Fla. App.1966, 193 So. 2d 46. Appeal dismissed. WALDEN, J., and SCHWARTZ, ALAN R., Associate Judge, concur.…

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