KATHLEEN POTTS, INDIVIDUALLY AND AS NEXT FRIEND OF DAVID EUGENE SMITH, A MINOR, APPELLANT,
v.
JUDITH K. HAYDEN ET AL., APPELLEES

Fla. 2d DCA | 1971-07-02
No. 71-207
PIERCE, C. J., and LILES, J., concur.
249 So. 2d 726 Florida District Court of Appeal, Second District (1971) Negative Treatment
Cited by 6 cases
Opinion of the Court
MANN, Judge.

ON MOTION TO DISMISS

MANN, Judge.

The order appealed from is not final as to these parties. It is therefore not appeal-able until after final judgment. There is no provision in F.A.R. 4.2, 32 F.S.A., for interlocutory review of a “final” summary judgment on a counterclaim while the main claim between the parties is pending. The motion to dismiss is granted without prejudice to the right of appeal from final judgment. See Midstate Hauling Co. v. Liberty Mutual Insurance Co., Fla.App. 4th 1966, 189 So.2d 826.

PIERCE, C. J., and LILES, J., concur.

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  • S. L. T. Warehouse Co. v. Wilmott Webb, 304 So. 2d 97 (Fla. 1974)
    …ealable, relying upon Bumby & Stimpson, Inc. v. Peninsular (sic) Utilities Corp., Fla.App.1965, 179 So. 2d 414. The Pullum case emanated out of the Second District Court of Appeal, but was not followed by that court in Potts v. Hayden, Fla.App.1971, 249 So. 2d 726, wherein it was held that an appeal would not lie from a final summary judgment on a counterclaim while the main claim between the parties was pending. Since the litigation between the parties is still pending in the trial court and the error vel no…
  • Taussig v. Ins. Co. OF N. Am., 301 So. 2d 21 (Fla. 2d DCA 1974)
    …timpson, Inc. v. Peninsula Util. Corp., Fla.App.3d, 1965, 179 So. 2d 414. . S. L. T. Warehouse Co. v. Webb, Fla.App. 4th, 1974, 294 So. 2d 712; Midstate Hauling Co. v. Liberty Mutual Ins. Co., Fla.App. 4th, 1966, 189 So. 2d 826. . Fla.App.2d 1971, 249 So. 2d 726. . Fla.App.2d 1964, 167 So. 2d 332. . Fla.App.2d 1973, 287 So. 2d 739. . Fla.App.2d 1967, 198 So. 2d 658. . See generally the discussion beginning at 6 Moore’s Federal Practice, § 54.04. . Dickinson v. Petroleum Conv. Corp., 1949, 338 U.S. 507,…
  • S. L. T. Warehouse Co. v. Wilmott Webb, 294 So. 2d 712 (Fla. 4th DCA 1974)
    …appealable, relying upon Bumby & Stimpson, Inc. v. Peninsular Utilities Corp., Fla.App. 1965, 179 So. 2d 414. The Pullum case emanated out of the Second District Court of Appeal, but was not followed by that court in Potts v. Hayden, Fla.App. 1971, 249 So. 2d 726, wherein it was held that an appeal would not lie from a final summary judgment on a counterclaim while the main claim between the parties was pending. Since the litigation [*713] between the parties is still pending in the trial court and the error…

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