Williams v. Maddren

District Court of Appeal of Florida

Williams v. Maddren

147 So. 2d 572

CourtDistrict Court of Appeal of Florida

DecidedNovember 30, 1962

DocketNo. 3128

StatusPublished

Cited by3 cases

This text of 147 So. 2d 572 (Williams v. Maddren) 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.

Bluebook

Williams v. Maddren, 147 So. 2d 572 (Fla. Ct. App. 1962).

Pincite

Opinion

PER CURIAM.

This court, as to the present appeal, raises sua sponte the question of appeal-ability of an order emanating from a case on the law side and sought to be reviewed. A motion for summary judgment was filed by defendants, supported by affidavit with exhibits and opposed by affidavit of plaintiff. No genuine issue of any material fact was found to exist by the trial court under the pleadings and an order granting defendants’ motion was entered. The decretal part of the order reads: “The Motion for Summary Judgment upon the Complaint and Answer filed herein by the Defendants be and the same is hereby granted.”

The appeal is taken from this order entered February 6, 1962, and recorded February 9, 1962. No final judgment has been entered consequent upon the order granting the motion; the order itself is not a final adjudication and so is nonappealable. See Stone v. Buckley, Fla.App.1960, 119 So.2d 298, 299. Accordingly, the appeal is dismissed.

Dismissed.

SHANNON, C. J., KANNER, J., and SCOTT, CHARLES R., Associate Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This court, as to the present appeal, raises sua sponte the question of appeal-ability of an order emanating from a case on the law side and sought to be reviewed. A motion for summary judgment was filed by defendants, supported by affidavit with exhibits and opposed by affidavit of plaintiff. No genuine issue of any material fact was found to exist by the trial court under the pleadings and an order granting defendants’ motion was entered. The decretal part of the order reads: “The Motion for Summary Judgment upon the Complaint and Answer filed herein by the Defendants be and the same is hereby granted.”

The appeal is taken from this order entered February 6, 1962, and recorded February 9, 1962. No final judgment has been entered consequent upon the order granting the motion; the order itself is not a final adjudication and so is nonappealable. See Stone v. Buckley, Fla.App.1960, 119 So.2d 298, 299. Accordingly, the appeal is dismissed.

Dismissed.

SHANNON, C. J., KANNER, J., and SCOTT, CHARLES R., Associate Judge, concur.

Cite This Page — Counsel Stack

Bluebook (online)

147 So. 2d 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-maddren-fladistctapp-1962.

Opinion

Related

Cite This Page — Counsel Stack