Cooksey v. Hartge

District Court of Appeal of Florida

Cooksey v. Hartge

424 So. 2d 989, 1983 Fla. App. LEXIS 18733

CourtDistrict Court of Appeal of Florida

DecidedJanuary 12, 1983

DocketNo. 82-1033

StatusPublished

This text of 424 So. 2d 989 (Cooksey v. Hartge) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cooksey v. Hartge, 424 So. 2d 989, 1983 Fla. App. LEXIS 18733 (Fla. Ct. App. 1983).

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[990]*990ON MOTION FOR DETERMINATION OF FINALITY OF ORDER

COBB, Judge.

In response to the motion of appellants, this Court has determined that the order of dismissal herein appealed, which order was executed by the circuit court, on June 29, 1982, is a final, appealable order of dismissal. Calhoun v. Lee, 405 So.2d 1067 (Fla. 5th DCA 1981); Laytner v. Humble Oil and Refining Co., 262 So.2d 675 (Fla.1972). Our recent decision in Lawler v. Harris, 418 So.2d 1239 (Fla. 5th DCA 1982), is distinguishable in that it dealt with the mere granting of a motion, not the actual dismissal of the cause.

SHARP, J., concurs. DAUKSCH, J., dissents with opinion.

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[990]*990ON MOTION FOR DETERMINATION OF FINALITY OF ORDER

COBB, Judge.

In response to the motion of appellants, this Court has determined that the order of dismissal herein appealed, which order was executed by the circuit court, on June 29, 1982, is a final, appealable order of dismissal. Calhoun v. Lee, 405 So.2d 1067 (Fla. 5th DCA 1981); Laytner v. Humble Oil and Refining Co., 262 So.2d 675 (Fla.1972). Our recent decision in Lawler v. Harris, 418 So.2d 1239 (Fla. 5th DCA 1982), is distinguishable in that it dealt with the mere granting of a motion, not the actual dismissal of the cause.

SHARP, J., concurs. DAUKSCH, J., dissents with opinion.

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424 So. 2d 989, 1983 Fla. App. LEXIS 18733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cooksey-v-hartge-fladistctapp-1983.

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