ROBERT A. SHUPACK, APPELLANT,
v.
ALLSTATE INSURANCE COMPANY, A FOREIGN CORPORATION FOR PROFIT, APPELLEE
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KEHOE, Judge.
Appellant, plaintiff below, appeals from an order, in an action at law, granting appellee’s motion for summary judgment. The decretal portion of the trial court’s order reads:
“Ordered and adjudged that the motion for summary judgment be, and the same is hereby granted.”
This order is merely authorization for a final judgment. It does not constitute a final judgment, nor is it an order from which an interlocutory appeal could properly lie. See Harris v. Mosteller, 253 So. 2d 275 (Fla. 2d DCA 1971); Arnold v. Brady, 178 So. 2d 732 (Fla. 2d DCA 1965); Lyden v. DePiera, 147 So. 2d 573 (Fla. 3d DCA 1962); Stone v. Buckley, 119 So. 2d 298 (Fla. 2d DCA 1960); Chastain v. Embry, 118 So. 2d 33 (Fla. 2d DCA 1960); Elliott v. Lazar, 104 So. 2d 618 (Fla. 2d DCA 1958); and Renard v. Kirkeby Hotels, 99 So. 2d 719 (Fla. 3d DCA 1958).
We recognize our authority to treat the appeal before the court as a petition for certiorari; however, we decline to do so and dismiss the appeal sua sponte.
Appeal dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Murphy White Dairy, Inc. v. Simmons, 405 So. 2d 298 (Fla. 4th DCA 1981)…A 1973). Moreover, the order appealed from, although titled “Order Granting Motion to Dismiss, etc.,” actually dismisses the cause so as to give the order requisite finality for appeal purposes. Compare, e. g., Shupack v. Allstate Insurance Company, 356 So. 2d 1298 (Fla. 3d DCA 1978). . It certainly cannot be said that an unsuccessful appeal by a party faced with the Mendez finality-nonfinality dilemma is frivolous and designed to delay rather than move the case towards prosecution. As Mendez notes, had we co…
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AETNA Cas. & Sur. Co. & Morton Ins. Agency, Inc. v. Meyer, 385 So. 2d 10 (Fla. 3d DCA 1980)…granting a motion for summary judgment is not an appealable final order. Donnell v. Industrial Fire & Casualty Company, 378 So. 2d 1344 (Fla.3d DCA 1980); Kessler v. Gumenick, 358 So. 2d 1167 (Fla.3d DCA 1978); Shupack v. Allstate Insurance Company, 356 So. 2d 1298 (Fla.3d DCA 1978). Moreover, since the order granting Morton’s motion for summary judgment did not determine an issue of liability in favor of the party seeking affirmative relief (Meyer), it is not an appeal-able non-final order order. Fla.R.App.P.…
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Nolan's Towing & Recovery v. Marino Trucking, Inc., 581 So. 2d 644 (Fla. 3d DCA 1991)…from an order denying that motion and from the order granting summary judgment. We agree with appellee, first, that the order granting summary judgment is a non-final order which is not appealable as a final judgment. Shupack v. Allstate Ins. Co., 356 So. 2d 1298 (Fla. 3d DCA 1978). Because it granted affirmative relief to a party seeking such relief, it could be appealed under the interlocutory appeal [*645] rule, Fla.R.App.P. 9.130(a)(3)(C)(iv), but no timely notice of appeal was filed. The appeal is dismi…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Renard v. Kirkeby Hotels, Inc., 99 So. 2d 719 (Fla. 3d DCA 1958)
- Holland H. Chastain v. Embry, 118 So. 2d 33 (Fla. 2d DCA 1960)
- Zora Mae Arnold v. Louis R. Brady, M.D., 178 So. 2d 732 (Fla. 2d DCA 1965)
- Stone v. Buckley, 119 So. 2d 298 (Fla. 2d DCA 1960)
- Lydem v. Lilia Rojas DePIERA and Henri F. Withington and Gladys Withington, 147 So. 2d 573 (Fla. 3d DCA 1962)
- Elliott v. Lazar, 104 So. 2d 618 (Fla. 2d DCA 1958)
- Harris v. Mosteller, 253 So. 2d 275 (Fla. 2d DCA 1971)
- State v. Joseph, 253 So. 2d 275 (Fla. 3d DCA 1971)