ROBERT H. JACOBS, APPELLANT,
v.
PERDUE L. GOULD ET AL., APPELLEES
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The Florida District Court of Appeal granted a motion to dismiss an appeal because the partial summary judgment appealed was not a final judgment, and therefore nonappealable.
No, a partial summary judgment dismissing one count of a multi-count complaint with prejudice is an interlocutory order and not a final judgment, making it nonappealable.
“The appellees, defendants below, have moved to dismiss the appeal on the ground that the judgment appealed is not a final judgment and therefore nonappealable.”
This quote establishes the procedural posture of the case and the appellees' argument for dismissal.
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Join FLexlaw to unlock all legal intelligenceThe appellant, who was the plaintiff in the lower court, appealed a partial final summary judgment that dismissed one count of a three-count complaint…
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The appellant, plaintiff below, appeals from a partial final summary judgment which in effect dismisses with prejudice one count of a complaint consisting of three counts.
The appellees, defendants below, have moved to dismiss the appeal on the ground that the judgment appealed is not a final judgment and therefore nonappealable.
This court held in Morse v. Hendry Corporation, Fla.App.1965, 177 So.2d 31, that an order dismissing with prejudice two counts of a three-count complaint in an action at law was an interlocutory order and subject to dismissal.
The motion to dismiss the appeal in the case sub judice is granted but without prejudice to the appellant’s right to seek review by appeal upon the entry of a final judgment if he so desires.
ALLEN, C. J., and PIERCE and HOB-SON, JJ., concur.
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Citator
Cited By
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Mendez v. W. Flagler Fam. Ass'n, Inc., 303 So. 2d 1 (Fla. 1974)…those two cases have no relation to the dismissal of one count of a complaint. Respondents further contend the law in Florida is that the dismissal of less than all counts of a complaint is an interlocutory order under authority of Jacobs v. Gould, 197 So. 2d 307 (Fla.App.2d 1967), and that only when the entire complaint with all its counts is disposed of, and only then, is the plaintiff left with a right of appeal. Further, Respondents contend the plaintiff-petitioner’s claims in all counts arise from the s…
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Talmudical Acad. OF Baltimore v. Harris, 238 So. 2d 161 (Fla. 3d DCA 1970)…court of record. An order that disposes of a portion of a claim made in a complaint is interlocutory. Goldfarb v. Bronston, 154 Fla. 180, 17 So. 2d 300 (1944); Morse v. Hendry Corporation, Fla.App.1965, 177 So. 2d 31; Jacobs v. Gould, Fla.App.1967, 197 So. 2d 307. Our courts have accepted for review on petition for certio-rari circuit court orders in common law cases that dispose of a portion of a complaint and transfer the remaining portion of the claim to courts with lesser jurisdictional amounts. See Easl…
Authorities Cited
- Morse v. Hendry Corp., 177 So. 2d 31 (Fla. 2d DCA 1965)