HARBOR YACHT REPAIR, INC., APPELLANT,
v.
LIONEL SANGER, APPELLEE

Fla. 3d DCA | 1972-09-26
No. 71-111
Before CHARLES CARROLL, HEN-DRY and HAVERFIELD, JJ.
267 So. 2d 51 Florida District Court of Appeal, Third District (1972) Caution
Cited by 5 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This was an appeal from a partial judgment which was styled “final judgment”, entered in an action at law for replevin. This court, ex mero motu, dismisses the appeal for lack of jurisdiction, but without prejudice to review the points on appeal if properly presented after entry of a final judgment. See: 2 Malloy, Florida Appellate Practice and Procedure § 15.13, pp. 225-226, Wabash Life Insurance Company of Indianapolis v. Rosenberg, Fla.App.1965, 177 So.2d 538 (Carroll, J., concurring specially); Fontainebleau Hotel Corp. v. Young, Fla.App. 1964, 162 So.2d 303, 308.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Harbor Yacht Repair, Inc. v. Sanger, 279 So. 2d 64 (Fla. 3d DCA 1973)
  • Casino, Inc. v. Kugeares, 354 So. 2d 936 (Fla. 2d DCA 1978)
    …leveland Electric Co., supra. On the contrary, it expressly envisioned a future final order. The June judgment was, at most, in the nature of a nonfi-nal partial judgment from which no full appeal could be taken. Harbor Yacht Repair, Inc. v. Sanger, 267 So. 2d 51 (Fla.3d DCA 1972). By way of contrast, the July judgment disposed of the last remaining dispute between the parties by prescribing the remedy. Under these facts, we will not impute to petitioner an attempt to appeal a nonappealable order where it is…
  • Dunson v. Jarrell R. Dunson, 311 So. 2d 189 (Fla. 1st DCA 1975)
    …to Dismiss and/or Quash Interlocutory Appeal RAWLS, Chief Judge. By an instrument entitled “Motion to Dismiss and/or Quash Interlocutory Appeal”, appellee citing Duncan v. Pullum, 198 So. 2d 658 (Fla.App. 2nd 1967); Harbor Yacht Repair v. Sanger, 267 So. 2d 51 (Fla.App. 3rd 1972) ; and Radio Commun. [*190] Corp. v. Oki Electronics of Am., Inc., 277 So. 2d 289 (Fla.App. 4th 1973), urges that the order appealed is not a proper matter to be reviewed by interlocutory appeal. The subject matter of each case ci…

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