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Roper v. Wilcox

District Court of Appeal of Florida, Third District
Apr 21, 1992
596 So. 2d 532 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-3012.

April 21, 1992.

An Appeal from the Circuit Court for Dade County; Joseph P. Farina, Judge.

Timothy H. Kenney, Palm Beach, for appellants.

Stephen K. Loffredo, Miami Shores, for appellee.

Before BARKDULL, HUBBART and BASKIN, JJ.


We dismiss this appeal of an amended final order determining stock ownership. "In determining whether an order is final, and thus, appealable, the appellate court must determine whether the order appealed constitutes an end to the judicial labor below." Swan v. St. Thomas Univ., 592 So.2d 351, 352 (Fla. 3d DCA 1992), citing Miami-Dade Water Sewer Auth. v. Metropolitan Dade County, 469 So.2d 813 (Fla. 3d DCA 1985), review denied, 482 So.2d 349 (Fla. 1986). An order can only be appealed as final if it "adjudicates a distinct and severable cause of action, not interrelated with remaining claims pending in the trial court." S.L.T. Warehouse Co. v. Webb, 304 So.2d 97, 99 (Fla. 1974). The order appealed from in this case is not distinct and severable from the claims which remain pending below; judicial labor has not come to an end.

Appeal dismissed.


Summaries of

Roper v. Wilcox

District Court of Appeal of Florida, Third District
Apr 21, 1992
596 So. 2d 532 (Fla. Dist. Ct. App. 1992)
Case details for

Roper v. Wilcox

Case Details

Full title:BILLY ROPER, DONALD ROPER, H R HOIST RENTALS CO., INC., H R CRANE RENTALS…

Court:District Court of Appeal of Florida, Third District

Date published: Apr 21, 1992

Citations

596 So. 2d 532 (Fla. Dist. Ct. App. 1992)

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