ROBIN HARRIS AND JAMES E. HARRIS, HER HUSBAND, APPELLANTS,
v.
WILLIAM ROBERT MOSTELLER AND LEWIS ALBERT FRITTER, APPELLEES
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Appellants, Robin Harris and James E. Harris, Plaintiffs in the Court below, appeal an order granting a motion for summary judgment filed on behalf of Lewis Albert Fritter, one of the defendants below, in a law action.
The question as to whether the order is an appealable final order or whether it is an interlocutory order from which an interlocutory appeal would lie has not been raised by appellees, but this Court must raise it sua sponte, Chastain v. Embry, Fla.App.1960, 118 So.2d 33; Bailey v. Allstate Insurance Company, Fla.App.1969, 218 So.2d 761.
The order under review is obviously not a final order or judgment, Chastain, supra; Bailey, supra. Neither is it an order “granting partial summary judgment on liability,” from which an interlocutory appeal would lie under FAR 4.2, 32 F.S.A. Accordingly, the appeal must be dismissed.
Appeal dismissed.
HOBSON and MANN, JJ., concur.
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Shupack v. Allstate Ins. Co., 356 So. 2d 1298 (Fla. 3d DCA 1978)…mmary judgment be, and the same is hereby granted.” This order is merely authorization for a final judgment. It does not constitute a final judgment, nor is it an order from which an interlocutory appeal could properly lie. See Harris v. Mosteller, 253 So. 2d 275 (Fla. 2d DCA 1971); Arnold v. Brady, 178 So. 2d 732 (Fla. 2d DCA 1965); Lyden v. DePiera, 147 So. 2d 573 (Fla. 3d DCA 1962); Stone v. Buckley, 119 So. 2d 298 (Fla. 2d DCA 1960); Chastain v. Embry, 118 So. 2d 33 (Fla. 2d DCA 1960); Elliott v. Lazar,…
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Kessler v. Gumenick, 358 So. 2d 1167 (Fla. 3d DCA 1978)…ismissed. Shupack v. Allstate Insurance Company, 356 So. 2d 1298 (Fla. 3d DCA 1978); see also Florida Roofing & Sheet Metal Contractors Self-Insurers Fund v. Citizens National Bank of Orlando, 223 So. 2d 757 (Fla. 4th DCA 1969); Harris v. Mosteller, 253 So. 2d 275 (Fla. 2d DCA 1971); and Washington Security Co. v. Tracy’s Plumbing & Pumps, Inc., 166 So. 2d 680 (Fla. 2d DCA 1964). For the sake of argument, a properly entered final summary judgment would have nevertheless been affirmed. While appellant did pre…
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State v. Cook, 264 So. 2d 417 (Fla. 1972)…District (State v. Cook, 254 So. 2d 560), which allegedly conflicts with a prior decision of this Court (Schneider v. Gustafson Industries, Inc., 139 So. 2d 423), and a prior decision of the District Court of Appeal, Third District (State v. Joseph, 253 So. 2d 275), on the same point of law. Fla.Const., art. V, § 4, F.S.A. The statute under consideration, Fla.Stat. § 932.61, F.S.A., describes the method by which charges may be filed in the State court when a person charged with violation of a municipal ordin…
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- Holland H. Chastain v. Embry, 118 So. 2d 33 (Fla. 2d DCA 1960)
- Bailey v. Allstate Ins. Co., 218 So. 2d 761 (Fla. 2d DCA 1969)