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White Palms of Palm Beach v. Fox

District Court of Appeal of Florida, Fourth District
Jun 1, 1988
525 So. 2d 518 (Fla. Dist. Ct. App. 1988)

Summary

In White Palms of Palm Beach, Inc. v. Fox, 525 So.2d 518 (Fla. 4th DCA 1988), we applied this concept to an order which granted motions for summary judgment.

Summary of this case from Dobrick v. Discovery Cruises, Inc.

Opinion

Nos. 87-3350, 88-0039.

June 1, 1988.

Consolidated appeals from the Circuit Court for Palm Beach County; John D. Wessel, Judge.

Michele I. Nelson of Paxton, Crow, Bragg Smith, P.A., West Palm Beach, for appellant-White Palms of Palm Beach, Inc.

Marilyn Martin of Bauman, Wurtenberger Schottenfeld, P.A., Plantation, for Herbert Fox and Barbara Fox.

John J. Bulfin of Wiederhold, Moses Bulfin, P.A., West Palm Beach, for appellee-Kaplan.


MOTION FOR DETERMINATION OF FINALITY OF ORDER AND FOR RELINQUISHMENT OF JURISDICTION


We determine that the "Order On Motion For Summary Judgment" which merely granted motions for summary judgment is a non-final, non-appealable order and as such the appeal must be dismissed for lack of jurisdiction. Palardy v. Igrec, 388 So.2d 1053 (Fla. 4th DCA 1980); Pompano Paint Co. v. Pompano Beach Bank and Trust Co., 208 So.2d 152 (Fla. 4th DCA 1968).

We deny the request for relinquishment of jurisdiction so that the trial court may enter a final judgment which will be appealable. Russell v. Russell, 507 So.2d 661 (Fla. 4th DCA 1987). See also Johnson v. First Bank of Gainesville, 491 So.2d 1217 (Fla. 1st DCA 1986).

APPEAL DISMISSED.

HERSEY, C.J., and WALDEN and GUNTHER, JJ., concur.


Summaries of

White Palms of Palm Beach v. Fox

District Court of Appeal of Florida, Fourth District
Jun 1, 1988
525 So. 2d 518 (Fla. Dist. Ct. App. 1988)

In White Palms of Palm Beach, Inc. v. Fox, 525 So.2d 518 (Fla. 4th DCA 1988), we applied this concept to an order which granted motions for summary judgment.

Summary of this case from Dobrick v. Discovery Cruises, Inc.
Case details for

White Palms of Palm Beach v. Fox

Case Details

Full title:WHITE PALMS OF PALM BEACH, INC., APPELLANT, v. HERBERT FOX AND BARBARA…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 1, 1988

Citations

525 So. 2d 518 (Fla. Dist. Ct. App. 1988)

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