Gallo v. Esser

District Court of Appeal of Florida

Gallo v. Esser

407 So. 2d 1062, 1981 Fla. App. LEXIS 22073

CourtDistrict Court of Appeal of Florida

DecidedDecember 30, 1981

DocketNo. 81-658

StatusPublished

This text of 407 So. 2d 1062 (Gallo v. Esser) 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

Gallo v. Esser, 407 So. 2d 1062, 1981 Fla. App. LEXIS 22073 (Fla. Ct. App. 1981).

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Opinion

ORFINGER, Judge.

In this interpleader action, and pursuant to Florida Rule of Civil Procedure 1.420(b), the trial court dismissed appellant’s amended cross-claim and counterclaim, for willful failure to comply with a previous order of the court. Appellant’s answer to appellee’s cross-claim was not affected. Since both appellant and appellee are the defendants in this interpleader action, and one or the other of them will prevail, the dismissal of appellant’s cross-claim and counterclaim is not dispositive of the issue of which of them is entitled to the interpleaded funds. Thus the order is non-final and non-appealable. North Indialantic Homeowners Association v. Bogue, 390 So.2d 74 (Fla.1980).

The appeal is dismissed.

SHARP and COWART, JJ., concur.

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ORFINGER, Judge.

In this interpleader action, and pursuant to Florida Rule of Civil Procedure 1.420(b), the trial court dismissed appellant’s amended cross-claim and counterclaim, for willful failure to comply with a previous order of the court. Appellant’s answer to appellee’s cross-claim was not affected. Since both appellant and appellee are the defendants in this interpleader action, and one or the other of them will prevail, the dismissal of appellant’s cross-claim and counterclaim is not dispositive of the issue of which of them is entitled to the interpleaded funds. Thus the order is non-final and non-appealable. North Indialantic Homeowners Association v. Bogue, 390 So.2d 74 (Fla.1980).

The appeal is dismissed.

SHARP and COWART, JJ., concur.

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Bluebook (online)

407 So. 2d 1062, 1981 Fla. App. LEXIS 22073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallo-v-esser-fladistctapp-1981.

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