Arline v. Wometco Enterprises, Inc.

• Decision Date: 05 April 1983
• Docket Number: No. 82-824,82-824
• Citation: 429 So.2d 63
• Parties: Cora Nell ARLINE, Appellant, v. WOMETCO ENTERPRISES, INC., Appellee.
• Court: Florida District Court of Appeals

Page 63

429 So.2d 63

Cora Nell ARLINE, Appellant, v. WOMETCO ENTERPRISES, INC., Appellee.

No. 82-824.

District Court of Appeal of Florida,

Third District.

April 5, 1983.

Appeal from Circuit Court, Dade County; Lenore C. Nesbitt, Judge.

William N. Hutchinson, Jr., Fort Lauderdale, for appellant.

Preddy, Kutner & Hardy and G. William Bissett, Miami, for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

The order under review, which merely grants a motion for summary judgment, is non-appealable. The appeal is therefore dismissed. Having considered the merits, however, we observe by way of dictum, as we did in Kessler v. Gumenick, 358 So.2d 1167 (Fla. 3d DCA 1978), that a final summary judgment would have been affirmed. Hilgenhurst v. Knight-Ridder Newspaper, Inc., 400 So.2d 523 (Fla. 3d DCA 1981), rev. denied, 411 So.2d 382 (Fla.1981); Alvarez v. Metropolitan Dade County, 378 So.2d 1317 (Fla. 3d DCA 1980); Wometco Theatres Corp. v. Rath, 123 So.2d 472 (Fla. 3d DCA 1960); Zamora v. Columbia Broadcasting System, 480 F.Supp. 199 (S.D.Fla.1979).

Appeal dismissed.