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Harris v. Mosteller

District Court of Appeal of Florida, Second District
Oct 15, 1971
253 So. 2d 275 (Fla. Dist. Ct. App. 1971)

Summary

defining a "judgment" as " court's final determination of the rights and obligations of the parties"

Summary of this case from Bethany Trace Owners' Ass'n, Inc. v. Whispering Lakes I, LLC

Opinion

No. 71-38.

October 15, 1971.

Appeal from the Circuit Court, Pinellas County, Allen C. Anderson, J.

Charles S. Carrere, of Harrison, Greene, Mann, Davenport, Rowe Stanton, St. Petersburg, for appellants.

No appearance for appellees.


Appellants, Robin Harris and James E. Harris, Plaintiffs in the Court below, appeal an order granting a motion for summary judgment filed on behalf of Lewis Albert Fritter, one of the defendants below, in a law action.

The question as to whether the order is an appealable final order or whether it is an interlocutory order from which an interlocutory appeal would lie has not been raised by appellees, but this Court must raise it sua sponte, Chastain v. Embry, Fla.App. 1960, 118 So.2d 33; Bailey v. Allstate Insurance Company, Fla.App. 1969, 218 So.2d 761.

The order under review is obviously not a final order or judgment, Chastain, supra; Bailey, supra. Neither is it an order "granting partial summary judgment on liability," from which an interlocutory appeal would lie under FAR 4.2, 32 F.S.A. Accordingly, the appeal must be dismissed.

Appeal dismissed.

HOBSON and MANN, JJ., concur.


Summaries of

Harris v. Mosteller

District Court of Appeal of Florida, Second District
Oct 15, 1971
253 So. 2d 275 (Fla. Dist. Ct. App. 1971)

defining a "judgment" as " court's final determination of the rights and obligations of the parties"

Summary of this case from Bethany Trace Owners' Ass'n, Inc. v. Whispering Lakes I, LLC
Case details for

Harris v. Mosteller

Case Details

Full title:ROBIN HARRIS AND JAMES E. HARRIS, HER HUSBAND, APPELLANTS, v. WILLIAM…

Court:District Court of Appeal of Florida, Second District

Date published: Oct 15, 1971

Citations

253 So. 2d 275 (Fla. Dist. Ct. App. 1971)

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