Home/District Court of Appeal of Florida/Hunter v. Cal-Maine Foods, Inc.

Hunter v. Cal-Maine Foods, Inc.

449 So. 2d 1314, 1984 Fla. App. LEXIS 13211
CourtDistrict Court of Appeal of Florida
DecidedMay 17, 1984
DocketNo. 83-1344
StatusPublished
Cited by1 cases

This text of 449 So. 2d 1314 (Hunter v. Cal-Maine Foods, Inc.) 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
Hunter v. Cal-Maine Foods, Inc., 449 So. 2d 1314, 1984 Fla. App. LEXIS 13211 (Fla. Ct. App. 1984).

Opinion

DAUKSCH, Judge.

This is an appeal from an “Order Denying Plaintiff’s Motion to Vacate Order of Dismissal”. Because the original Order of Dismissal was specifically without prejudice to Appellant’s filing another complaint, and it was a non-final order, there should have been a final order or final judgment obtained in order to vest this court with jurisdiction. The order which was appealed is merely a request for review of the original order and as such does not toll the time for taking appeal. Therefore not only is the appeal untimely it is from a non-appeal-able order.

This appeal is dismissed.

COWART, J., and COLEMAN, T.P., Associate Judge, concur.

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Related

Potts v. Potts
615 So. 2d 695 (District Court of Appeal of Florida, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
449 So. 2d 1314, 1984 Fla. App. LEXIS 13211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-cal-maine-foods-inc-fladistctapp-1984.