McLean v. Plant Fruit Co.

District Court of Appeal of Florida

McLean v. Plant Fruit Co.

167 So. 2d 332

CourtDistrict Court of Appeal of Florida

DecidedSeptember 23, 1964

DocketNo. 5312

StatusPublished

Cited by4 cases

This text of 167 So. 2d 332 (McLean v. Plant Fruit Co.) 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

McLean v. Plant Fruit Co., 167 So. 2d 332 (Fla. Ct. App. 1964).

Pincite

Opinion

PER CURIAM.

This matter is before the Court on the Motion of the appellee to dismiss.

After the filing of an amended complaint at law for damages for breach of contract, answer and counterclaim were filed. The Court entered a summary judgment dismissing the amended complaint, but left pending the counterclaim. Under such circumstances the judgment dismissing the complaint is a partial summary judgment and therefore interlocutory, and not appeal-able within the meaning of Florida Statutes, § 59.2(1), F.S.A. and Florida Appellate Rule 3.2, subd. b, 31 F.S.A.

Accordingly, the motion to dismiss is granted.

SMITH, C. J., and ALLEN and ANDREWS, JJ., concur.

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