Potts v. Hayden
249 So. 2d 726, 1971 Fla. App. LEXIS 6423
Opinion
ON MOTION TO DISMISS
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.
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Potts v. Hayden, 249 So. 2d 726, 1971 Fla. App. LEXIS 6423 (Fla. Ct. App. 1971).
249 So. 2d 726 (Potts v. Hayden) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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