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Weltz v. Mann

District Court of Appeal of Florida, Fifth District
May 14, 1980
383 So. 2d 324 (Fla. Dist. Ct. App. 1980)

Opinion

No. 79-235.

May 14, 1980.

Appeal from the Circuit Court, Seminole County, Robert B. McGregor, J.

Michael Lake of Bogin, Munns Munns, Orlando, for appellants.

Reinald Werrenrath, III of Akerman, Senterfitt Eidson, Orlando, for appellees.


On appeal is an order dismissing a claim for punitive damages against various persons, the appellees. Appellant has filed an "interlocutory" appeal urging us to take jurisdiction. We have no jurisdiction because the order is not one of those non-final orders within the limits of Rule 9.130(a)(3), Florida Rules of Appellate Procedure. More particularly, it is not an order under Rule 9.130(a)(3)(C)(IV) as apparently appellant urges it is. This is an order deciding the issue of liability against a party seeking affirmative relief. We shall decide the matter on plenary appeal, if it is properly raised.

These appeals are properly called Appeals from Non-Final Orders. Rule 9.130, Fla.R. App.P. (1977).

This appeal is dismissed, sua sponte.

COBB and UPCHURCH, JJ., concur.


Summaries of

Weltz v. Mann

District Court of Appeal of Florida, Fifth District
May 14, 1980
383 So. 2d 324 (Fla. Dist. Ct. App. 1980)
Case details for

Weltz v. Mann

Case Details

Full title:JEWEL H. WELTZ ET VIR, APPELLANTS, v. GEORGE MANN ET AL., APPELLEES

Court:District Court of Appeal of Florida, Fifth District

Date published: May 14, 1980

Citations

383 So. 2d 324 (Fla. Dist. Ct. App. 1980)

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