JESSE HENDERSON
v.
MARY C. STEVENS
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The Florida Supreme Court dismissed an appeal because it was not taken from a final judgment, as required by law for law actions. The appellant attempted to appeal from orders denying a motion to dismiss and a motion for a new trial, which are not final judgments.
An appeal in a law action can only be taken from a final judgment. Orders denying a motion to dismiss and a motion for a new trial are not final judgments from which an appeal can be taken.
“Appeals in law actions, such as in this case, shall lie only from a final judgment.”
Establishes the jurisdictional requirement for appeals in law actions.
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Join FLexlaw to unlock all legal intelligenceThe appellee obtained a final judgment in an ejectment action against the appellant. The appellant filed a notice of appeal, not from the final judgme…
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Appellee successfully prosecuted an action of ejectment to a final judgment.* Appellant filed the following notice of appeal :
“Notice is hereby given that the undersigned attorney of record for the defendant, Jesse Henderson, this day sues out this his appeal from the order entered herein on the 11th day of February, A. D. 1946, denying the motion to dismiss in said cause, and the order entered herein on the 15th day of February, A. D. 1946, denying the motion for a new trial in said cause, said appeal being returnable to the Supreme Court of the State of Florida at Tallahassee, Florida.”
Appellee has not challenged the sufficiency of the notice of appeal and both parties have argued the case on its merits. If the defect was such that it might be cured by waiver or stipulation we would not question it however this Court is without jurisdiction unless the appeal comes as provided by law. Appeals in law actions, such as in this case, shall lie only from a final judgment. See Rule 2 of this Court and Section 59.02, Fla. Stat., 1941, F.S.A.
For the above stated reasons the appeal herein is dismissed.
CHAPMAN, C. J., BROWN and BUFORD, JJ., concur.
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State of Fla. ex rel. Alfred Gordon POE & Doris v. Poe, 196 So. 2d 745 (Fla. 1967)…ry decisions preceding the promulgation of this rule are Koch v. State Road Depart., Fla.1958, 106 So. 2d 426; Proctor v. Kennedy, Fla.1953, 64 So. 2d 667; Douglas-Guardian Wrhse. Corp. v. Ins. A.F.C., Fla. 1949, 46 So. 2d 169; Henderson v. Stevens, 157 Fla. 641, 26 So. 2d 656. . Vol. 3, p. 347, Barron & Holtzoff, Fed. Prac. & Proc., Sec. 1302.1. . United States v. Stromberg, 5th Cir., 1955, 227 F. 2d 903. Vol. 6A, Moore’s Federal Practice, Sec. 59.15. . Hulen v. Amer. Oil Co., Mo.1962, 360 S.W. 2d 726;…
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Schwab v. Tolley, 345 So. 2d 747 (Fla. 4th DCA 1977)…ts argued that this should have been admitted to impeach Guttman. What Guttman thought Becker would think is irrelevant and inadmissible. A witness may not be impeached by proof of statements as to immaterial matters. Whaley v. State, 157 Fla. 593, 26 So. 2d 656. The proper method for impeaching Guttman’s opinion was by the introduction of contrary opinion based on the same facts, not to elicit from one expert what he thinks of another. Ecker v. National Roofing of Miami, Inc., 201 So. 2d 586 (Fla. 3d DCA…
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Seaboard AIR Line R.R. Co. v. Holt, 80 So. 2d 354 (Fla. 1955)…on for a new trial. Our ruling in that case was simply to the effect that the appeal should be dismissed because of the clear intention of perfecting an appeal to this court from an order which was not appealable. Compare Henderson v. Stevens, 1946, 157 Fla. 641, 26 So. 2d 656. The attempted appeal in the case of Brown v. Louisville Fire & Marine Ins. Co., Fla.1950, 47 So. 2d 862, 863, a common law action was dismissed, but the notice of appeal in that case, as in the cases of Bell v. State, supra, and Long…
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