HARVEY J. SCHMOTZER ET AL., APPELLANTS,
v.
ARTHUR J. POISSON, ETC., AND CITY OF RIVIERA BEACH, FLORIDA, A MUNICIPAL CORPORATION, APPELLEES

Fla. 4th DCA | 1977-04-07
No. 77-55
MAGER, C. J., and ALDERMAN, J., concur.
345 So. 2d 769 Florida District Court of Appeal, Fourth District (1977) Positive Treatment
Cited by 2 cases

Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

The Appellants, by interlocutory appeal under Fla.App. Rule 4.2, seek review of an Order denying intervention below. The Order says “the motion to intervene of various persons filed October 27, 1976 is hereby denied.” Only the Order is before us so we shall assume jurisdiction under our authority under Fla.App. Rule 4.2 as an interlocutory appeal since the briefs agree the original action was one sounding in equity.

But after assuming jurisdiction we have no choice but to affirm since no other record or essential pleadings are before us. Pierson v. Sharp, 283 So. 2d 880 (Fla. 4th DCA 1973). Johnson v. Town of Eatonville, 203 So. 2d 664 (Fla. 4th DCA 1967). Also see Fla.App. Rule 4.2 and Fla.App. Rule 4.5.

AFFIRMED.

MAGER, C. J., and ALDERMAN, J., concur.


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  • Strauser v. State, 360 So. 2d 113 (Fla. 4th DCA 1978)
    …t and it is petitioner’s burden to demonstrate otherwise. Pierson v. Sharp, 283 So. 2d 880 (Fla.4th DCA 1973); Johnson v. Eatonville, 203 So. 2d 664 (Fla.4th DCA 1967); Rosenstein v. Raticoff, 265 So. 2d 387 (Fla.4th DCA 1972); Schmotzer v. Poisson, 345 So. 2d 769 (Fla.4th DCA 1977); Johnson & Panico, P. A. v. Couch, 350 So. 2d 1080 (Fla.4th DCA 1977). Petition for Writ of Certiorari is DENIED. CROSS and MOORE, JJ., concur.…
  • …HATCHETT, Justice. These consolidated cases have been certified to us by the District Court as involving questions of great public interest. The District Court of Appeal in Meadows Development Co. v. Ihle, 345 So. 2d 769 (Fla. 1st DCA 1977), held that the filing and recording in the county’s official records of either the original final judgment, or a certified copy of that judgment, was sufficient under Section 55.10, Florida Statutes (1969), to create a judgment l…

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