Sherwin v. Allied Dunbar (Palm Beach) Inc.

District Court of Appeal of Florida

Sherwin v. Allied Dunbar (Palm Beach) Inc.

584 So. 2d 182, 1991 Fla. App. LEXIS 8298, 1991 WL 152503

CourtDistrict Court of Appeal of Florida

DecidedAugust 14, 1991

DocketNo. 90-2133

StatusPublished

This text of 584 So. 2d 182 (Sherwin v. Allied Dunbar (Palm Beach) Inc.) 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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Sherwin v. Allied Dunbar (Palm Beach) Inc., 584 So. 2d 182, 1991 Fla. App. LEXIS 8298, 1991 WL 152503 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

We treat this as an appeal of a non-final order pursuant to Rule 9.130(a)(3)(C)(iv) and affirm. The issues raised by the appellant regarding setoff to the accelerated [183]*183lease payments due are issues relating to damages and not the determination of liability. However, upon remand we direct the trial court to correct the title of its order. While it is entitled “Final Judgment”, the order is in no way final and is in fact a partial summary judgment on liability-

Affirmed with directions on remand.

DOWNEY, WARNER and FARMER, JJ., concur.

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PER CURIAM.

We treat this as an appeal of a non-final order pursuant to Rule 9.130(a)(3)(C)(iv) and affirm. The issues raised by the appellant regarding setoff to the accelerated [183]*183lease payments due are issues relating to damages and not the determination of liability. However, upon remand we direct the trial court to correct the title of its order. While it is entitled “Final Judgment”, the order is in no way final and is in fact a partial summary judgment on liability-

Affirmed with directions on remand.

DOWNEY, WARNER and FARMER, JJ., concur.

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Bluebook (online)

584 So. 2d 182, 1991 Fla. App. LEXIS 8298, 1991 WL 152503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherwin-v-allied-dunbar-palm-beach-inc-fladistctapp-1991.