Capricorn Marble Co. v. George Hyman Construction Co.

462 So. 2d 1208, 10 Fla. L. Weekly 311, 1985 Fla. App. LEXIS 12300
District Court of Appeal of Florida·Decided February 6, 1985·No. No. 84-142·Published·Cited by 2 cases

Opinions

PER CURIAM.

We do not have jurisdiction over this appeal of a non-final order as it is not authorized under Florida Rule of Appellate Procedure 9.130, or otherwise.

Further, it does not qualify for cer-tiorari treatment as it does not appear that there has been a departure from the essential requirements of law or that appellant will not have a full and adequate remedy by plenary appeal.

While perhaps tempted to address the merits, we cannot do so because it is a fundamental principle of law that if a court is without jurisdiction, it has no power to adjudicate or determine any issue or cause submitted to it. See 13 Fla.Jur.2d, Courts and Judges, §§ 22-31.

Appeal dismissed.

LETTS and WALDEN, JJ., concur. GLICKSTEIN, J., concurs specially with opinion.

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Capricorn Marble Co. v. George Hyman Construction Co., 462 So. 2d 1208, 10 Fla. L. Weekly 311, 1985 Fla. App. LEXIS 12300 (Fla. Ct. App. 1985).

462 So. 2d 1208 (Capricorn Marble Co. v. George Hyman Construction Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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