FANNIE SCHUTZER AND LOUIS SCHUTZER, APPELLANTS,
v.
THE CITY OF MIAMI, A MUNICIPAL CORPORATION, APPELLEE

Fla. 3d DCA | 1958-01-16
No. 57-343
CARROLL, CHAS., C. J., and DREW E. HARRIS, A. J., concur.
99 So. 2d 729 Florida District Court of Appeal, Third District (1958) Positive Treatment
Cited by 10 cases
Opinion of the Court
HORTON, Judge.

HORTON, Judge.

The appeal in this cause is from a “final judgment” dated February 4, 1957, the material portion of which is as follows:

“Ordered and adjudged that the Defendant’s Motion for Directed Verdict be hereby granted.”

Although the appellee has not raised the question, the court sua sponte has determined that the “final judgment” sought to be reviewed is not a final decision from which appeal would lie under the provisions of Rule 3.2(b), Florida Appellate Rules. Until a final judgment is rendered that is subject to appeal pursuant to the aforementioned rule, there is nothing for this court to review. See Brannon v. Johnston, Fla. 1955, 83 So. 2d 779. The appeal accordingly is dismissed.

Dismissed.

CARROLL, CHAS., C. J., and DREW E. HARRIS, A. J., concur.

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  • Bumby & Stimpson, Inc. v. Peninsula Utils. Corp., 179 So. 2d 414 (Fla. 3d DCA 1965)
    …76, 125 So. 235. A court has no power to act in the absence of the jurisdic [*416] tional foundation for the exercise of the power. State ex rel. Diamond Berk Ins. Agency v. Carroll, Fla.1958, 102 So. 2d 129; Schutzer v. City of Miami, Fla.App.1958, 99 So. 2d 729. The question thus becomes: Was the order of March 12th, 1964, which was final in form but which left undisposed defendant-appellee’s counterclaim, a final judgment? An order terminating litigation between one party and another is final as to them…
  • Ellis W. Ballard et ux. v. Hopkins, 142 So. 2d 738 (Fla. 2d DCA 1962)
    …aker v. Colley, Fla.App.1958, 104 So. 2d 473; Weinmann v. Ligon, Fla.App.1958, 105 So. 2d 204. An order granting defendant’s motion for directed verdict is not a final judgment from which an appeal would lie. Schutzer v. City of Miami, Fla.App.1958, 99 So. 2d 729. An order granting a motion for summary judgment is not a final judgment from which an appeal may be taken. Chastain v. Embry, Fla.App.1960, 118 So. 2d 33; Stone v. Buckley, Fla.App.1960, 119 So. 2d 298. The fact that the lower court entered a “nun…
  • Pakonis v. Clark, 183 So. 3d 386 (Fla. 3d DCA 2014)
    …an “Order Directing Verdict” was signed by the trial judge and rendered by filing with the Clerk of the Court on December 31, 2011. While in some circumstances such an order might be a non-final, non-appealable order, see Schutzer v. City of Miami, 99 So. 2d 729 (Fla. 3d DCA 1958), the order in this case not only memorializes the oral pronouncement on December 14, 2011, but in the next sentence states expressly that “[a]ll claims against Barry Lee and Prejean Graves are dismissed with prejudice and Matthew…

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