United Building Systems, Inc. v. Canam Systems, Inc.

District Court of Appeal of Florida

United Building Systems, Inc. v. Canam Systems, Inc.

400 So. 2d 505, 1981 Fla. App. LEXIS 20079

CourtDistrict Court of Appeal of Florida

DecidedJune 3, 1981

DocketNo. 80-658

StatusPublished

Cited by3 cases

This text of 400 So. 2d 505 (United Building Systems, Inc. v. Canam Systems, 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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United Building Systems, Inc. v. Canam Systems, Inc., 400 So. 2d 505, 1981 Fla. App. LEXIS 20079 (Fla. Ct. App. 1981).

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Opinion

ORFINGER, Judge.

The partial summary judgment appealed from in this action for breach of contract did not determine the issue of liability in favor of the moving party, but only determined the amount of the debt, leaving open for later determination the issue of liability for the debt.¹ Thus, this non-final order is not appealable.²

In dismissing this appeal, we do not pass on the correctness of the trial court’s conclusion in the partial summary judgment or determine if there is an issue of fact as to the amount of the debt, because these matters can be appropriately reviewed on appeal from a final judgment.

Appeal DISMISSED.

DAUKSCH, C. J., and COWART, J., concur.

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ORFINGER, Judge.

The partial summary judgment appealed from in this action for breach of contract did not determine the issue of liability in favor of the moving party, but only determined the amount of the debt, leaving open for later determination the issue of liability for the debt.¹ Thus, this non-final order is not appealable.²

In dismissing this appeal, we do not pass on the correctness of the trial court’s conclusion in the partial summary judgment or determine if there is an issue of fact as to the amount of the debt, because these matters can be appropriately reviewed on appeal from a final judgment.

Appeal DISMISSED.

DAUKSCH, C. J., and COWART, J., concur.

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400 So. 2d 505, 1981 Fla. App. LEXIS 20079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-building-systems-inc-v-canam-systems-inc-fladistctapp-1981.

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