Roper v. Wilcox

District Court of Appeal of Florida

Roper v. Wilcox

596 So. 2d 532, 1992 Fla. App. LEXIS 4652, 1992 WL 79315

CourtDistrict Court of Appeal of Florida

DecidedApril 21, 1992

DocketNo. 91-3012

StatusPublished

Cited by1 cases

This text of 596 So. 2d 532 (Roper v. Wilcox) 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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Roper v. Wilcox, 596 So. 2d 532, 1992 Fla. App. LEXIS 4652, 1992 WL 79315 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

We dismiss this appeal of an amended final order determining stock ownership. “In determining whether an order is final, and thus, appealable, the appellate court must determine whether the order appealed constitutes an end to the judicial labor below.” Swan v. St. Thomas Univ., 592 So.2d 351, 352 (Fla. 3d DCA 1992), citing Miami-Dade Water & Sewer Auth. v. Metropolitan Dade County, 469 So.2d 813 (Fla. 3d DCA 1985), review denied, 482 So.2d 349 (Fla.1986). An order can only be appealed as final if it “adjudicates a distinct and severable cause of action, not interrelated with remaining claims pending in the trial court.” S.L.T. Warehouse Co. v. Webb, 304 So.2d 97, 99 (Fla.1974). The order appealed from in this case is not distinct and severable from the claims which remain pending below; judicial labor has not come to an end.

Appeal dismissed.

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PER CURIAM.

We dismiss this appeal of an amended final order determining stock ownership. “In determining whether an order is final, and thus, appealable, the appellate court must determine whether the order appealed constitutes an end to the judicial labor below.” Swan v. St. Thomas Univ., 592 So.2d 351, 352 (Fla. 3d DCA 1992), citing Miami-Dade Water & Sewer Auth. v. Metropolitan Dade County, 469 So.2d 813 (Fla. 3d DCA 1985), review denied, 482 So.2d 349 (Fla.1986). An order can only be appealed as final if it “adjudicates a distinct and severable cause of action, not interrelated with remaining claims pending in the trial court.” S.L.T. Warehouse Co. v. Webb, 304 So.2d 97, 99 (Fla.1974). The order appealed from in this case is not distinct and severable from the claims which remain pending below; judicial labor has not come to an end.

Appeal dismissed.

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596 So. 2d 532, 1992 Fla. App. LEXIS 4652, 1992 WL 79315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roper-v-wilcox-fladistctapp-1992.

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