Peters v. Menendez

District Court of Appeal of Florida

Peters v. Menendez

491 So. 2d 1300, 11 Fla. L. Weekly 1692, 1986 Fla. App. LEXIS 9218

CourtDistrict Court of Appeal of Florida

DecidedAugust 5, 1986

DocketNo. 86-630

StatusPublished

Cited by1 cases

This text of 491 So. 2d 1300 (Peters v. Menendez) 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.

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Peters v. Menendez, 491 So. 2d 1300, 11 Fla. L. Weekly 1692, 1986 Fla. App. LEXIS 9218 (Fla. Ct. App. 1986).

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PER CURIAM.

This is an appeal from an order entered in favor of the plaintiff Manuel J. Menen-dez on the issue of liability only in an action and counteraction for specific performance and other relief, after a trial thereon, with the issue of damages to be heard at a subsequent trial. We dismiss this appeal upon a holding that (a) the order under review is not a final judgment and is therefore not appealable to this court as a final judgment under Article V, Section 4(b)(1), Florida Constitution, and (b) the order under review is not an appealable non-final order under Fla.R.App.P. 9.130(a)(3)(C)(iv), and is therefore not ap-pealable to this court under Article V, Section 4(b)(1), Florida Constitution, based on the controlling and indistinguishable authority of Dauer v. Freed, 444 So.2d 1012 (Fla. 3d DCA 1984).

Appeal dismissed.

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PER CURIAM.

This is an appeal from an order entered in favor of the plaintiff Manuel J. Menen-dez on the issue of liability only in an action and counteraction for specific performance and other relief, after a trial thereon, with the issue of damages to be heard at a subsequent trial. We dismiss this appeal upon a holding that (a) the order under review is not a final judgment and is therefore not appealable to this court as a final judgment under Article V, Section 4(b)(1), Florida Constitution, and (b) the order under review is not an appealable non-final order under Fla.R.App.P. 9.130(a)(3)(C)(iv), and is therefore not ap-pealable to this court under Article V, Section 4(b)(1), Florida Constitution, based on the controlling and indistinguishable authority of Dauer v. Freed, 444 So.2d 1012 (Fla. 3d DCA 1984).

Appeal dismissed.

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491 So. 2d 1300, 11 Fla. L. Weekly 1692, 1986 Fla. App. LEXIS 9218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peters-v-menendez-fladistctapp-1986.

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