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Rizzuto v. DiPaolo

District Court of Appeal of Florida, Second District
Apr 19, 1978
357 So. 2d 490 (Fla. Dist. Ct. App. 1978)

Summary

holding an order that read "that defendant's motion for summary judgment is hereby granted" was not a final decision

Summary of this case from Coral Gables Imports, Inc. v. Suarez

Opinion

No. 77-1499.

April 19, 1978.

Appeal from Circuit Court, Pinellas County; David F. Patterson, Judge.

Frank H. Bass, Jr., of Martin J. Jones, P.A., St. Petersburg, for appellant.

Dennis E. Dabroski and William D. Slicker, of Lyle, Skipper, Wood Anderson, St. Petersburg, for appellee.


Plaintiff/appellant seeks to appeal an order which reads "that defendant's motion for summary judgment is hereby granted." This is not a final decision, order, judgment, or decree within the contemplation of Fla. R.App.P. 3.2(b). Likewise, the case is not one which formerly would have been cognizable in equity so the order is not subject to an interlocutory appeal. Fla.R.App.P. 4.2(a). Since we have no jurisdiction, the appeal, sua sponte, is dismissed. Arnold v. Brady, 178 So.2d 732 (Fla.2d DCA 1965); Renard v. Kirkeby Hotels, 99 So.2d 719 (Fla.3d DCA 1958).

GRIMES, A.C.J., and OTT and DANAHY, JJ., concur.


Summaries of

Rizzuto v. DiPaolo

District Court of Appeal of Florida, Second District
Apr 19, 1978
357 So. 2d 490 (Fla. Dist. Ct. App. 1978)

holding an order that read "that defendant's motion for summary judgment is hereby granted" was not a final decision

Summary of this case from Coral Gables Imports, Inc. v. Suarez
Case details for

Rizzuto v. DiPaolo

Case Details

Full title:ROSARIO R. RIZZUTO, APPELLANT, v. PHILIP E. DiPAOLO, III, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 19, 1978

Citations

357 So. 2d 490 (Fla. Dist. Ct. App. 1978)

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