MARGARET C. PECKHAM, APPELLANT,
v.
GOOD LIFE ENTERPRISES, INC., A FLORIDA CORPORATION, PHILIP E. FAYETTE, DONALD L. BACON AND RONALD E. KMITTA, APPELLEES

Fla. 2d DCA | 1978-11-01
No. 78-1138
HOBSON, Acting C. J., and SCHEB and DANAHY, JJ., concur.
363 So. 2d 867 Florida District Court of Appeal, Second District (1978) Negative Treatment
Cited by 27 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The final order dismissing with prejudice appellant’s complaint and appealed herein is hereby reversed and the cause is remanded for further proceedings. See Havatampa Corp. v. Walton Drug Co., Inc., Fla. 2d DCA 1978, 354 So. 2d 1235.

HOBSON, Acting C. J., and SCHEB and DANAHY, JJ., concur.


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  • Martin-Johnson, Inc. v. Savage, 509 So. 2d 1097 (Fla. 1987)
    …y remedy and should not be used to circumvent the interlocutory appeal rule which authorizes appeal from only a few types of non-final orders.2 Hawaiian Inn v. Snead Construction Corp., 393 So. 2d 1201 (Fla. 5th DCA 1981); Ford Motor Co. v. Edwards, 363 So. 2d 867 (Fla. 1st DCA 1978). Generally, all other appellate review is postponed until the matter is concluded in the trial court. As the Advisory Committee note to the 1977 Revision of the Florida Appellate Rules states: [I]t is extremely rare that erroneo…
  • Hudson v. Hofmann, 471 So. 2d 117 (Fla. 2d DCA 1985)
    …arding respondents a definite utilities assessment recoverable from petitioners was subsequently entered. Common law certiorari is the proper vehicle to review whether the lower court acted in excess of its jurisdiction. Ford Motor Co. v. Edwards, 363 So. 2d 867 (Fla. 1st DCA 1978); Wright v. Sterling Drugs, Inc., 287 So. 2d 376 (Fla. 2d DCA 1973), cert. denied, 296 So. 2d 51 (Fla.1974). Once the notices of appeal were filed, the lower court was divested of jurisdiction to proceed with matters related to th…
  • Malone v. Costin, 410 So. 2d 569 (Fla. 1st DCA 1982)
    …532 (Fla. 5th DCA 1981). The mere fact that compliance with the court’s order will be costly is not, in and of itself, a ground for valid objection. Goodyear Tire & Rubber Co. v. Cooey, 359 So. 2d 1200 (Fla. 1st DCA 1978); Ford Motor Co. v. Edwards, 363 So. 2d 867 (Fla. 1st DCA 1978). Accordingly, the petition for writ of cer-tiorari is denied. ROBERT P. SMITH, Jr., C. J., and JOA-NOS, J., concur.…

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