Shroff v. Winn Dixie Stores, Inc.

District Court of Appeal of Florida

Shroff v. Winn Dixie Stores, Inc.

570 So. 2d 1135, 1990 Fla. App. LEXIS 9295, 1990 WL 198426

CourtDistrict Court of Appeal of Florida

DecidedDecember 12, 1990

DocketNo. 89-2928

StatusPublished

This text of 570 So. 2d 1135 (Shroff v. Winn Dixie Stores, 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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Shroff v. Winn Dixie Stores, Inc., 570 So. 2d 1135, 1990 Fla. App. LEXIS 9295, 1990 WL 198426 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

With great reluctance, this appeal is dismissed on the authority of White Palms of Palm Beach v. Fox, 525 So.2d 518 (Fla. 4th DCA 1988), and Russell v. Russell, 507 So.2d 661 (Fla. 4th DCA 1987). Once again we caution trial judges and attorneys alike that this court lacks jurisdiction over an [1136]*1136order granting a motion for summary judgment, when that order does not contain the requisite words of finality indicating that the complaint is dismissed. The purported final judgment entered November 15, 1989, is a nullity, as the notice of appeal, reflecting an appeal of the October 11, 1989, order granting summary judgment, was filed in the trial court on November 8, 1989.

Appeal dismissed.

ANSTEAD, DELL and POLEN, JJ., concur.

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PER CURIAM.

With great reluctance, this appeal is dismissed on the authority of White Palms of Palm Beach v. Fox, 525 So.2d 518 (Fla. 4th DCA 1988), and Russell v. Russell, 507 So.2d 661 (Fla. 4th DCA 1987). Once again we caution trial judges and attorneys alike that this court lacks jurisdiction over an [1136]*1136order granting a motion for summary judgment, when that order does not contain the requisite words of finality indicating that the complaint is dismissed. The purported final judgment entered November 15, 1989, is a nullity, as the notice of appeal, reflecting an appeal of the October 11, 1989, order granting summary judgment, was filed in the trial court on November 8, 1989.

Appeal dismissed.

ANSTEAD, DELL and POLEN, JJ., concur.

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570 So. 2d 1135, 1990 Fla. App. LEXIS 9295, 1990 WL 198426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shroff-v-winn-dixie-stores-inc-fladistctapp-1990.

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