PROCTOR
v.
KENNEDY ET UX.
PROCTOR
KENNEDY ET UX.
64 So. 2d 567
Florida Supreme Court (1953)
Negative Treatment
Cited by 15 cases
Opinion of the Court
PER CURIAM.
It appearing to the court that no appeal was taken from the final judgment in this case, but only from the order denying the motion for new trial, it is ordered ex mero motu, that the appeal be dismissed.
TERRELL, Acting Chief Justice, THOMAS, and SEBRING, JJ., and PATTERSON, Associate Justice, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Robustiano Puga & Medmold, Inc. v. Suave Shoe Corp., 417 So. 2d 678 (Fla. 3d DCA 1981)…eal was automatically subject to dismissal where the notice of appeal identified an order denying post-trial motions for new trial or rehearing as the sole order appealed from. Koch v. State Road Dept., 106 So. 2d 426 (Fla.1958); Proctor v. Kennedy, 64 So. 2d 567 (Fla.1953); Douglas-Guardian Warehouse Corp. v. Insurance Agents Finance Corp., 46 So. 2d 169 (Fla.1950); Hen [*684] derson v. Stevens, 157 Fla. 641, 26 So. 2d 656 (1946). These cases, however, have been expressly disapproved by the Florida Supreme…
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Koch v. State Rd. Dep't OF Fla., 106 So. 2d 426 (Fla. 1958)…of the trial court denying a motion for a new trial. The correctness of such an order may be assigned “for matter and cause of error” only upon an appeal from the final judgment. Section 59.06, Florida Statutes 1957, F.S.A. Proctor v. Kennedy, Fla., 64 So. 2d 567. It is, therefore, Ordered that this appeal be and the same is hereby dismissed for lack of jurisdiction in this Court to entertain it. TERRELL, C. J., and THOMAS, ROBERTS, DREW and THORNAL, JJ., concur.…
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Warren v. Pope, 64 So. 2d 564 (Fla. 1953)…THOMAS, Justice. This appeal is akin to Warren v. Rhea, Fla., 64 So. 2d 567, the only relevant difference in .fact being that here the lunatic was not charged with any crime at the time [*565] ■of her commitment to the asylum. ■■ But points of law not common to the other case are presented and we shall undertake to decide t…
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