DONALD S. BECK, APPELLANT,
v.
MARLON B. HOTCHKISS AND ALBERT GOTTLIEB, APPELLEES
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The Florida Supreme Court dismissed an appeal because the order being appealed was not a final judgment and did not fall under any statutory exceptions, rendering the appeal jurisdictionally defective.
No, the Florida Supreme Court does not have jurisdiction to hear such an appeal because the order is neither a final judgment nor an appealable interlocutory order.
“The defect is jurisdictional qnd the appeal must be dismissed.”
Establishes the reason for dismissal.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, Donald S. Beck, filed a notice of appeal from an order denying his motion for a new trial. The transcript was filed, and the appellant …
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DREW, Justice.
The notice of appeal in this case, recorded in the trial court on June 18, 1954, reads:
“The plaintiff, Donald S. Beck, takes and enters his appeal to the Supreme Court of Florida, naming Marion B. Hotchkiss and Albert Gottlieb as appel-lees from the order denying motion for new trial made by the above-styled and entitled court in this cause on the 3rd day of June, A.D.1954, said order recorded in Order Book 252, at page 249, of the records of said court. This appeal is entered on the 16th day of June,' A.D.1954, and all parties to said cause are called upon to take notice of the entry of this appeal.”
On July 24, 1954 ^the transcript was filed in this Court. Parenthetically we note that this record contains no showing that a final judgment was entered in the cause. The brief of-appellant was filed on August 26, 1954, without request for oral argument. The appellees filed no brief within the time required by 30 F.S.A. Supreme Court Rule 20, and appellant recited that fact in a motion for final determination filed on October 6, 1954.
A mere reading of the notice of appeal reveals that the order from which appeal is sought is neither a final judgment within Section 59.02(1), F.S.1951, F.S.A. nor an order of a kind within the exceptions provided in Sections 59.03, 59.04 and 59.05, F.S.1951, F.S.A. The defect is jurisdictional qnd the appeal must be dismissed. Douglas-Guardian Warehouse Corp. v. Insurance Agents Finance Corp., Fla., 1950, 46 So. 2d 169.
Appeal dismissed ex mero motu.
ROBERTS, C. J., and THOMAS and HOBSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wiley Phillips v. Albertson's, Inc., 472 So. 2d 513 (Fla. 2d DCA 1985)…acks jurisdiction to review nonwritten orders of a trial court. Florida Rules of Appellate Procedure 9.110(b); 9.020(g). Because no final judgment was entered, the order denying Phillips’ motion for a new trial is not ap-pealable. Beck v. Hotchkiss, 75 So. 2d 289 (Fla.1954). Accordingly, Phillips’ appeal from the order denying his motion for a new trial is dismissed. Affirmed in part; dismissed in part. OTT and FRANK, JJ., concur.…
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Mickler v. W. H. Smith and his wife, 111 So. 2d 457 (Fla. 2d DCA 1959)…PER CURIAM. No appeal was taken from the final judgment but only from the order denying the motion for new trial. The appeal is dismissed ex mero motu. Beck v. Hotchkiss, Fla.1954, 75 So. 2d 289; Denton v. Cummins Diesel Engines of Florida, Fla.App. 1958, 101 So. 2d 617; and Wilkey v. Loudon, Fla.App.1958, 102 So. 2d 832. Dismissed. KANNER, C. J., and ALLEN and SHANNON, JJ., concur.…
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Freeman A. Wilkey v. Loudon, 102 So. 2d 832 (Fla. 3d DCA 1958)…nying the motion for new trial instead of from the final judgment entered in the case. Douglas-Guardian Warehouse Corp. v. Insurance Agents Finance Corp., Fla.1950, 46 So. 2d 169; Warren v. Rhea, Fla.1953, 64 So. 2d 567; Beck v. Hotchkiss, Fla.1954, 75 So. 2d 289; Denton v. Cummins Diesel Engines of Florida, Fla.App. 1958, 101 So. 2d 617. Appeal dismissed ex mero motu. CARROLL, CHAS., C. J., and HORTON and PEARSON, JJ., concur.…
Authorities Cited
- State v. Gay, 46 So.2d 169 (Fla. 1949)