Phillips v. John Jochem Chevrolet

District Court of Appeal of Florida

Phillips v. John Jochem Chevrolet

379 So. 2d 1042, 1980 Fla. App. LEXIS 15555

CourtDistrict Court of Appeal of Florida

DecidedFebruary 20, 1980

DocketNo. 79-1220

StatusPublished

Cited by1 cases

This text of 379 So. 2d 1042 (Phillips v. John Jochem Chevrolet) 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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Phillips v. John Jochem Chevrolet, 379 So. 2d 1042, 1980 Fla. App. LEXIS 15555 (Fla. Ct. App. 1980).

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Opinion

BERANEK, Judge.

Plaintiff sued defendant asserting she bought a used car from defendant and that defendant breached an express warranty regarding repair of defects in the car. At the conclusion of the plaintiffs evidence, defendant moved for a directed verdict because plaintiff’s evidence failed to show damages of an amount in excess of the jurisdictional limit of the circuit court. The trial judge indicated he would grant the directed verdict but in later discussions with counsel indicated that he would simply dismiss the case or a portion thereof without prejudice. No further order of any nature was ever entered. No final judgment was requested nor entered. Under these circumstances, we have no jurisdiction to entertain this appeal and same is hereby dismissed sua sponte.

DOWNEY, C. J., and ANSTEAD, J., concur.

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BERANEK, Judge.

Plaintiff sued defendant asserting she bought a used car from defendant and that defendant breached an express warranty regarding repair of defects in the car. At the conclusion of the plaintiffs evidence, defendant moved for a directed verdict because plaintiff’s evidence failed to show damages of an amount in excess of the jurisdictional limit of the circuit court. The trial judge indicated he would grant the directed verdict but in later discussions with counsel indicated that he would simply dismiss the case or a portion thereof without prejudice. No further order of any nature was ever entered. No final judgment was requested nor entered. Under these circumstances, we have no jurisdiction to entertain this appeal and same is hereby dismissed sua sponte.

DOWNEY, C. J., and ANSTEAD, J., concur.

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379 So. 2d 1042, 1980 Fla. App. LEXIS 15555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-john-jochem-chevrolet-fladistctapp-1980.

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