SARAH ANN KOZUSNIK, APPELLANT,

v.

LEONARD SELKOWITZ, APPELLEE

Fla. 3d DCA | 1980-01-22

No. 79-2110

Before PEARSON and SCHWARTZ, JJ., and EZELL, BOYCE F., Jr. (Ret.), Associate Judge.

379 So. 2d 168 Florida District Court of Appeal, Third District (1980) Positive Treatment

Cited by 2 cases

Topics

Appealability Final Order

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Opinion of the Court

PER CURIAM.

This petition for writ of certiorari seeks review of a judgment of the Circuit Court in its appellate capacity, which first dismissed, as frivolous, petitioner-appellant’s appeal from an order of the County Court and second remanded the cause for the assessment of attorneys’ fees in the trial court. The order of the County Court granted a defendant’s motion to strike an amended complaint; it did not enter a judgment. As such, it was not a final order and was, therefore, not appealable. See Roberts v. Knoll, 169 So. 2d 496 (Fla. 2d DCA 1964); Altiere v. Atlantic National Bank of West Palm Beach, 155 So. 2d 386 (Fla. 2d DCA 1963); and Shotkin v. Deehl, 148 So. 2d 538 (Fla. 3d DCA 1963).

The Circuit Court properly dismissed the appeal, but, nevertheless, that decision must be quashed because it concerned the merits, and the merits were not presented by an appeal over which the Circuit Court had jurisdiction. We hold that this is a distinction which is material because there has been no final judgment in the trial court. Accordingly, the right to amend or file a new action in the trial court still exists in the petitioner. The judgment of the Circuit Court is quashed.

It is so ordered.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Shaffey Bashure v. Est. OF Emily B. Paulk, 498 So. 2d 525 (Fla. 1st DCA 1986)

…a civil nature and the rules of civil procedure shall govern.” Id. An order granting a motion to strike is not a final appealable order under Fla.R.App.P. 9.130. See Armstrong v. Armstrong, 401 So. 2d 912 (Fla. 4th DCA 1981); Kozusnik v. Selkowitz, 379 So. 2d 168 (Fla. 3d DCA 1980); Radio Communications Corp. v. OKI Electronics of America, Inc., 277 So. 2d 289 (Fla. 4th DCA 1973). The circuit court’s granting of Davis’ motion to strike left the remainder of appellant’s petition still viable and pending. Th…

Authorities Cited

Shotkin v. Deehl, 148 So. 2d 538 (Fla. 3d DCA 1963)
Altiere v. The Atl. Nat'l Bank OF W. Palm Beach, 155 So. 2d 386 (Fla. 2d DCA 1963)
O. Hoke Roberts et ux. v. John J. Knoll et ux., 169 So. 2d 496 (Fla. 2d DCA 1964)

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