Hawthorne v. Ross

District Court of Appeal of Florida

Hawthorne v. Ross

413 So. 2d 466, 1982 Fla. App. LEXIS 28832

CourtDistrict Court of Appeal of Florida

DecidedMay 5, 1982

DocketNo. 81-1265

StatusPublished

This text of 413 So. 2d 466 (Hawthorne v. Ross) 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

Hawthorne v. Ross, 413 So. 2d 466, 1982 Fla. App. LEXIS 28832 (Fla. Ct. App. 1982).

Pincite

Opinion

PER CURIAM.

This cause involves the dismissal with prejudice of an amended complaint which we concede would normally be appealable. See Allstate Ins. Co. v. Collier, 405 So.2d 311 (Fla. 4th DCA 1981).

However, in this instance, there is an existing counterclaim and the cause has not been finalized. Accordingly, we dismiss the appeal upon the authority of S.L.T. Warehouse Company v. Webb, 294 So.2d 712, 713 (Fla. 4th DCA 1974). However, as we did in the Webb case, we stress that this dismissal is without prejudice to review the entire matter upon entry of a final judgment.

DISMISSED.

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

Free access — add to your briefcase to read the full text and ask questions with AI