Pace v. Perry

District Court of Appeal of Florida

Pace v. Perry

511 So. 2d 740, 12 Fla. L. Weekly 2080, 1987 Fla. App. LEXIS 10026

CourtDistrict Court of Appeal of Florida

DecidedAugust 27, 1987

DocketNo. 86-1662

StatusPublished

Cited by2 cases

This text of 511 So. 2d 740 (Pace v. Perry) 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

Pace v. Perry, 511 So. 2d 740, 12 Fla. L. Weekly 2080, 1987 Fla. App. LEXIS 10026 (Fla. Ct. App. 1987).

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Opinion

ORFINGER, Judge.

The appellee, as plaintiff, filed an action in equity to set aside a money judgment entered against him several years earlier, alleging that service of process had been insufficient to vest the court with in per-sonam jurisdiction. Along with his answer to that complaint, the appellant filed a counterclaim seeking the identical relief which had been sought in the earlier litigation. In the partial summary judgment which is appealed, the trial court set aside the earlier judgment, leaving the counterclaim for adjudication. Thus, the partial summary judgment is a non-final, non-ap-pealable order, interrelated with the counterclaim that remains for adjudication, which seeks the identical relief afforded appellant in the earlier vacated judgment. See S.L.T. Warehouse Company v. Webb, 304 So.2d 97 (Fla.1974); Fetters v. United States Fire Insurance Company, 399 So.2d 427 (Fla. 5th DCA 1981). The appeal is, therefore,

DISMISSED.

DAUKSCH and COBB, JJ., concur.

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ORFINGER, Judge.

The appellee, as plaintiff, filed an action in equity to set aside a money judgment entered against him several years earlier, alleging that service of process had been insufficient to vest the court with in per-sonam jurisdiction. Along with his answer to that complaint, the appellant filed a counterclaim seeking the identical relief which had been sought in the earlier litigation. In the partial summary judgment which is appealed, the trial court set aside the earlier judgment, leaving the counterclaim for adjudication. Thus, the partial summary judgment is a non-final, non-ap-pealable order, interrelated with the counterclaim that remains for adjudication, which seeks the identical relief afforded appellant in the earlier vacated judgment. See S.L.T. Warehouse Company v. Webb, 304 So.2d 97 (Fla.1974); Fetters v. United States Fire Insurance Company, 399 So.2d 427 (Fla. 5th DCA 1981). The appeal is, therefore,

DISMISSED.

DAUKSCH and COBB, JJ., concur.

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Bluebook (online)

511 So. 2d 740, 12 Fla. L. Weekly 2080, 1987 Fla. App. LEXIS 10026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pace-v-perry-fladistctapp-1987.

Opinion

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