Quackenbush v. Town of Palm Beach

District Court of Appeal of Florida

Quackenbush v. Town of Palm Beach

151 So. 2d 348, 1963 Fla. App. LEXIS 3528

CourtDistrict Court of Appeal of Florida

DecidedMarch 6, 1963

DocketNo. 3437

StatusPublished

Cited by2 cases

This text of 151 So. 2d 348 (Quackenbush v. Town of Palm Beach) 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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Quackenbush v. Town of Palm Beach, 151 So. 2d 348, 1963 Fla. App. LEXIS 3528 (Fla. Ct. App. 1963).

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Opinion

PER CURIAM.

The review sought by appellant relates to an order in effect denying his petition for rehearing and not to the final decree of dismissal. Such a review cannot be had, because if this court is to determine the correctness of the ruling on the petition,, it is necessary that the final decree and the record upon which it is based be considered also. Since this requires consideration’ of a decree not here made the subject of attack, there accordingly arises no jurisdictional foundation upon which this court could afford to appellant the requested review. The appeal must therefore be dismissed. See Klemenko v. Klemenko, Fla., 1957, 97 So.2d 11; Finley v. Finley, Fla. 1958, 103 So.2d 191; McNary v. Hudson, Fla.App.1959, 110 So.2d 73; Oxford v. Polk Federal Savings & Loan Association of Lakeland, Fla.App.1962, 147 So.2d 603.

Appeal dismissed.

SHANNON, C. J., and KANNER, J.„ and WIGGINTON, JOHN, Associate-Judge, concur.

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PER CURIAM.

The review sought by appellant relates to an order in effect denying his petition for rehearing and not to the final decree of dismissal. Such a review cannot be had, because if this court is to determine the correctness of the ruling on the petition,, it is necessary that the final decree and the record upon which it is based be considered also. Since this requires consideration’ of a decree not here made the subject of attack, there accordingly arises no jurisdictional foundation upon which this court could afford to appellant the requested review. The appeal must therefore be dismissed. See Klemenko v. Klemenko, Fla., 1957, 97 So.2d 11; Finley v. Finley, Fla. 1958, 103 So.2d 191; McNary v. Hudson, Fla.App.1959, 110 So.2d 73; Oxford v. Polk Federal Savings & Loan Association of Lakeland, Fla.App.1962, 147 So.2d 603.

Appeal dismissed.

SHANNON, C. J., and KANNER, J.„ and WIGGINTON, JOHN, Associate-Judge, concur.

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151 So. 2d 348, 1963 Fla. App. LEXIS 3528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quackenbush-v-town-of-palm-beach-fladistctapp-1963.

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