PEOPLES GAS SYSTEM, INC., A CORPORATION, AND AMERICAN HOME ASSURANCE COMPANY, A CORPORATION, PETITIONERS-APPELLANTS,
v.
JOHN ASHCRAFT, JR., AND CATHERINE ASHCRAFT, HIS WIFE, RESPONDENTS-APPELLEES
PEOPLES GAS SYSTEM, INC., A CORPORATION, AND AMERICAN HOME ASSURANCE COMPANY, A CORPORATION, PETITIONERS-APPELLANTS,
JOHN ASHCRAFT, JR., AND CATHERINE ASHCRAFT, HIS WIFE, RESPONDENTS-APPELLEES
339 So. 2d 1163
Florida District Court of Appeal, Second District (1976)
Positive Treatment
Cited by 3 cases
Opinion of the Court
HOBSON, Acting Chief Judge.
Petitioners filed their petition for writ of certiorari or, in the alternative, notice of appeal from an order denying a motion for summary judgment in an action at law. It is well settled that an order denying a motion for summary judgment is not reviewable by common law certiorari. Pull-
man Company v. Fleishel, 101 So. 2d 188 . (Fla. DCA 1st 1958).
The order denying the motion for summary judgment is not a final order and is, therefore, not appealable.
The petition for writ of certiorari is denied and the appeal dismissed.
BOARDMAN and SCHEB, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Parkway Bank v. Fort Myers Armature Works, Inc., 658 So. 2d 646 (Fla. 2d DCA 1995)
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Schaeffer v. Gilmer, 353 So. 2d 847 (Fla. 1st DCA 1977)…his defense. Ninth Affirmative Defense Paragraph 20 — This defense is based upon the question of usury as to interest charged Bastillion. Again, this issue was resolved contrary to the guarantors’ position in the Bastillion foreclosure proceeding, 339 So. 2d 1163. The trial court correctly struck this defense. Counterclaim Emil Massaro and Milton Schaeffer The counterclaim of these two guarantors alleges the history of the subject loan and bases its assertion, primarily, upon substantial transactions betwe…
Authorities Cited
- The Pullman Co. v. Fleishel, 101 So. 2d 188 (Fla. 1st DCA 1958)