Gerstein v. Hepworth

District Court of Appeal of Florida

Gerstein v. Hepworth

391 So. 2d 775, 1980 Fla. App. LEXIS 17951

Procedural entryThis page is a short order in Gerstein v. Hepworth. Read the opinion of the Court — 1979 Fla. App. LEXIS 21066 →

District Court of Appeal of Florida·Decided December 31, 1980·No. No. 79-1186·Published

Opinion

PER CURIAM.

This is an interlocutory appeal from an order 1) granting a motion to set aside a stipulation, and 2) denying a motion to enforce said stipulation. A petition for certio-rari was filed by the appellant to review the same order which is the subject of this interlocutory appeal. Said petition for cer-tiorari was denied October 24, 1979.

Upon consideration of the record, we hold that the order in question is not subject to an interlocutory appeal pursuant to Florida Rule of Appellate Procedure 9.130(a)(3). Accordingly, this court has no jurisdiction to review the order in question and this appeal is, therefore, dismissed.

LETTS, C. J., and DOWNEY and GLICKSTEIN, JJ., concur.

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PER CURIAM.

This is an interlocutory appeal from an order 1) granting a motion to set aside a stipulation, and 2) denying a motion to enforce said stipulation. A petition for certio-rari was filed by the appellant to review the same order which is the subject of this interlocutory appeal. Said petition for cer-tiorari was denied October 24, 1979.

Upon consideration of the record, we hold that the order in question is not subject to an interlocutory appeal pursuant to Florida Rule of Appellate Procedure 9.130(a)(3). Accordingly, this court has no jurisdiction to review the order in question and this appeal is, therefore, dismissed.

LETTS, C. J., and DOWNEY and GLICKSTEIN, JJ., concur.

Gerstein v. Hepworth, 391 So. 2d 775, 1980 Fla. App. LEXIS 17951 (Fla. Ct. App. 1980).

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