REGINALD LALOW AND HELENE LALOW, APPELLANTS,
v.
SAM L. CODOMO, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court quashed an appeal because the trial judge improperly entered an "amended partial summary judgment" solely to allow the losing party to appeal after the original appeal time had expired. The court held that a trial judge cannot extend appellate deadlines.
No, a trial judge does not have the authority to extend the time for filing a notice of appeal, directly or indirectly, by entering an amended judgment.
“The appellee has filed a motion to quash the appeal on the ground that the trial judge is without authority to extend, either directly or indirectly, the time for filing a notice of appeal.”
This quote states the core procedural issue raised by the appellee's motion.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe appellants sought to appeal a partial summary judgment. The trial judge entered an "amended partial summary judgment" after the time for appealing…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Partial Summary Judgment cases and more on FLexlaw
ROBERTS, Justice.
This is an appeal from a judgment designated an “amended partial summary judgment” entered by the trial judge for the avowed purpose of providing the losing party with an opportunity to appeal from the “partial summary judgment” previously entered and as to which the appeal time had expired. The appellee has filed a motion to quash the appeal on the ground that the trial judge is without authority to extend, either directly or indirectly, the time for filing a notice of appeal. The contention is sound and must be sustained. Wieczorek v. Williams, Fla.1954, 71 So. 2d 262.
No opinion is expressed as to the propriety of entering a so-called “partial summary judgment” on one of the two separate and distinct claims incorporated in the complaint, in the absence of a rule of civil procedure in this state similar to Rule 54 (b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., nor as to whether Rule 1.36 of the Florida Rules of Civil Procedure, 30 F.S.A., providing for the entry of summary judgment upon “all or any part” of a claim, contemplates more than a pretrial sifting of the issues. Cf. Biggins v. Oltmer Iron Works, 7 Cir., 1946, 154 F. 2d 214; 3 Moore’s Federal Practice, 1st Ed. 1938, 3175.
The motion of the appellee to quash the appeal is granted, and the appeal is quashed.
It is so ordered.
DREW, C. J., and THOMAS and O’CONNELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Fontainebleau Hotel Corp. v. Young, 162 So. 2d 303 (Fla. 3d DCA 1964)…case involving such a partial (final) summary judgment in which the decision has depended upon and been made on a construction of rule 1.36, F.R.C.P. differing from the construction we have placed on that rule. As we read Lalow v. Codomo, Fla.1956, 88 So. 2d 752, which the district court in the Berry case regarded as a refusal of the Supreme Court to follow Biggins, the Supreme Court of Florida, on •quashing the appeal for want of jurisdiction, simply stated as a precautionary measure that it was not expres…
-
Rolf Peter Salinger v. Salinger, 100 So. 2d 393 (Fla. 1958)…ct to this matter are in accord with the firmly established rule that a trial court may not grant, directly or indirectly, an extension of time for taking an appeal. See the annotation in 89 A.L.R. 941, 149 A.L.R. 740. Cf. Lalow v. Codomo, Fla.1956, 88 So. 2d 752. The notice of appeal, not having been filed within the time prescribed by statute, is ineffective to confer jurisdiction on this Court to entertain the cause. It is, therefore, dismissed. TERRELL, C. J., THOMAS and ROBERTS, JJ., and HARRIS, Circu…
-
Harris v. Condermann, 113 So. 2d 235 (Fla. 3d DCA 1959)…in the rules, and that the period within which an appeal may be filed cannot be extended by court order, or by stipulation. See e. g. Cates v. Heffernan, 154 Fla. 422, 18 So. 2d 11; Donin v. Goss, Fla.1954, 69 So. 2d 316; Lalow v. Codomo, Fla.1956, 88 So. 2d 752; Salinger v. Salinger, supra. Under the express provisions of the Florida Appellate Rules this court was without jurisdiction to entertain the petition for certiorari, and, of course, we must refuse the request of the petitioner (assented to by the…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Biggins v. Oltmer Iron Works, 154 F.2d 214 (7th Cir. 1946)
- Wieczorek v. Williams, 71 So. 2d 262 (Fla. 1954)