Potts v. Hayden

District Court of Appeal of Florida

Potts v. Hayden

249 So. 2d 726, 1971 Fla. App. LEXIS 6423

CourtDistrict Court of Appeal of Florida

DecidedJuly 2, 1971

DocketNo. 71-207

StatusPublished

Cited by3 cases

This text of 249 So. 2d 726 (Potts v. Hayden) 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

Potts v. Hayden, 249 So. 2d 726, 1971 Fla. App. LEXIS 6423 (Fla. Ct. App. 1971).

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Opinion

ON MOTION TO DISMISS

MANN, Judge.

The order appealed from is not final as to these parties. It is therefore not appeal-able until after final judgment. There is no provision in F.A.R. 4.2, 32 F.S.A., for interlocutory review of a “final” summary judgment on a counterclaim while the main claim between the parties is pending. The motion to dismiss is granted without prejudice to the right of appeal from final judgment. See Midstate Hauling Co. v. Liberty Mutual Insurance Co., Fla.App. 4th 1966, 189 So.2d 826.

PIERCE, C. J., and LILES, J., concur.

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ON MOTION TO DISMISS

MANN, Judge.

The order appealed from is not final as to these parties. It is therefore not appeal-able until after final judgment. There is no provision in F.A.R. 4.2, 32 F.S.A., for interlocutory review of a “final” summary judgment on a counterclaim while the main claim between the parties is pending. The motion to dismiss is granted without prejudice to the right of appeal from final judgment. See Midstate Hauling Co. v. Liberty Mutual Insurance Co., Fla.App. 4th 1966, 189 So.2d 826.

PIERCE, C. J., and LILES, J., concur.

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Bluebook (online)

249 So. 2d 726, 1971 Fla. App. LEXIS 6423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potts-v-hayden-fladistctapp-1971.

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