Franki Foundation Co. v. Miller

District Court of Appeal of Florida

Franki Foundation Co. v. Miller

453 So. 2d 553, 9 Fla. L. Weekly 1725, 1984 Fla. App. LEXIS 14615

CourtDistrict Court of Appeal of Florida

DecidedAugust 8, 1984

DocketNo. 84-389

StatusPublished

This text of 453 So. 2d 553 (Franki Foundation Co. v. Miller) 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.

Bluebook

Franki Foundation Co. v. Miller, 453 So. 2d 553, 9 Fla. L. Weekly 1725, 1984 Fla. App. LEXIS 14615 (Fla. Ct. App. 1984).

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Opinion

PER CURIAM.

This is an appeal from a non-final order denying the appellant’s motion for a final judgment of dismissal. To the extent that the motion was predicated upon appellant’s claim that the trial court lacked jurisdiction over the person of appellant, we find no error in the trial court’s denial of appellant’s motion, since it is clear on the record that service of process had properly been obtained against the appellant in earlier proceedings herein. We decline to rule on any of the other issues raised by appellant in this non-final appeal. However, we emphasize, without suggesting any particular outcome, that our affirmance is without prejudice to the appellant to challenge the sufficiency of the pleadings filed by the appellee Miller or to otherwise challenge appellee’s action.

ANSTEAD, C.J., and LETTS and HERSEY, JJ., concur.

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PER CURIAM.

This is an appeal from a non-final order denying the appellant’s motion for a final judgment of dismissal. To the extent that the motion was predicated upon appellant’s claim that the trial court lacked jurisdiction over the person of appellant, we find no error in the trial court’s denial of appellant’s motion, since it is clear on the record that service of process had properly been obtained against the appellant in earlier proceedings herein. We decline to rule on any of the other issues raised by appellant in this non-final appeal. However, we emphasize, without suggesting any particular outcome, that our affirmance is without prejudice to the appellant to challenge the sufficiency of the pleadings filed by the appellee Miller or to otherwise challenge appellee’s action.

ANSTEAD, C.J., and LETTS and HERSEY, JJ., concur.

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Bluebook (online)

453 So. 2d 553, 9 Fla. L. Weekly 1725, 1984 Fla. App. LEXIS 14615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franki-foundation-co-v-miller-fladistctapp-1984.