From Casetext: Smarter Legal Research

King v. Odle

District Court of Appeal of Florida, Fourth District
Jan 3, 1996
665 So. 2d 378 (Fla. Dist. Ct. App. 1996)

Opinion

No. 94-3631.

January 3, 1996.

Appeal and cross-appeal from the Circuit Court for Palm Beach County; James T. Carlisle, Judge.

Scott S. Warburton of Adams, Coogler, Watson Merkel, P.A., West Palm Beach, for appellant/cross-appellee.

David L. Gorman of David L. Gorman, P.A., North Palm Beach, and James K. Green of James K. Green, P.A., West Palm Beach, for appellee/cross-appellant.


This is an appeal from summary judgment on liability in favor of plaintiff, Gary Odle, against defendant, Gerald King. Although brought as a final appeal, we have jurisdiction to consider it as a non-final order determining liability in favor of a party seeking affirmative relief pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). Accordingly we redesignate this as a non-final appeal. Based on the issues presented in the briefs, we affirm the decision of the trial court.

The plaintiff also filed a cross-appeal from the order of the trial court denying his motion to amend his complaint to add a punitive damages claim. We do not have jurisdiction to consider the merits of this cross-appeal because this order is not an appealable non-final order. See Fla.R.App.P. 9.130; Webb Gen. Contracting, Inc. v. PDM Hydrostorage, Inc., 397 So.2d 1058 (Fla. 3d DCA 1981), cited in Gwen Fearing Real Estate, Inc. v. Wilson, 430 So.2d 589 (Fla. 4th DCA 1983). Moreover, we cannot consider this under our certiorari jurisdiction because it was not brought in a timely fashion. See Fla.R.App.P. 9.100(f). Accordingly we dismiss the cross-appeal without prejudice to raising this issue at the time of any plenary appeal.

GUNTHER, C.J., and WARNER and PARIENTE, JJ., concur.


Summaries of

King v. Odle

District Court of Appeal of Florida, Fourth District
Jan 3, 1996
665 So. 2d 378 (Fla. Dist. Ct. App. 1996)
Case details for

King v. Odle

Case Details

Full title:GERALD KING, APPELLANT/CROSS-APPELLEE, v. GARY ODLE…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 3, 1996

Citations

665 So. 2d 378 (Fla. Dist. Ct. App. 1996)

Citing Cases

S.D.S. v. Chrzanowski

Chicago Title Ins. Agency v. Chicago Title Ins. Co., 560 So.2d 296, 297 (Fla. 2d DCA 1990) (citations…

State Dept. of Hwy. Saf. v. Sarnoff

Chicago Title Ins. Agency v. Chicago Title Ins. Co., 560 So.2d 296, 297 (Fla. 2d DCA 1990) (citations…