Jacobs v. Gould

District Court of Appeal of Florida

Jacobs v. Gould

197 So. 2d 307, 1967 Fla. App. LEXIS 5104

CourtDistrict Court of Appeal of Florida

DecidedApril 5, 1967

DocketNo. 7467

StatusPublished

Cited by2 cases

This text of 197 So. 2d 307 (Jacobs v. Gould) 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

Jacobs v. Gould, 197 So. 2d 307, 1967 Fla. App. LEXIS 5104 (Fla. Ct. App. 1967).

Pincite

Opinion

PER CURIAM.

The appellant, plaintiff below, appeals from a partial final summary judgment which in effect dismisses with prejudice one count of a complaint consisting of three counts.

The appellees, defendants below, have moved to dismiss the appeal on the ground that the judgment appealed is not a final judgment and therefore nonappealable.

This court held in Morse v. Hendry Corporation, Fla.App.1965, 177 So.2d 31, that an order dismissing with prejudice two counts of a three-count complaint in an action at law was an interlocutory order and subject to dismissal.

The motion to dismiss the appeal in the case sub judice is granted but without prejudice to the appellant’s right to seek review by appeal upon the entry of a final judgment if he so desires.

ALLEN, C. J., and PIERCE and HOB-SON, JJ., concur.

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