Doby v. Griffin
| Decision Date | 03 October 1962 |
| Docket Number | No. 3008,3008 |
| Citation | 144 So.2d 873 |
| Parties | Mary Lue DOBY, as Administratrix of the Estate of Pird Doby, Deceased, Appellant, v. Annie Bell GRIFFIN, Appellee. |
| Court | Florida District Court of Appeals |
Frank Schaub, Bradention, for appellant.
W. Robert Mann, of Knowles, Knowles & Mann, Bradenton, for appellee.
Appellant-plaintiff, sued the appellee-defendant, in an action at law, alleging that as a result of the negligent operation of a motor vehicle, plaintiff's decedent was killed, and specifically alleging certain items of damages. Upon motion, the court struck from the complaint certain allegations as to specific items of damages, denied the motion as to the other items, and denied defendant's motion to dismiss. The court granted a partial summary judgment in favor of the defendant as to one of the items of damages alleged and denied summary judgment in all other respects. Plaintiff appeals from the partial summary judgment, and the defendant filed cross assignments of error pertaining to the order denying parts of the motion to strike, the order denying the motion to dismiss, and from the order denying defendant's motion for summary judgment in its entirety.
Neither the partial summary judgment, nor the order denying parts of the motion to strike, nor the order denying the motion to dismiss, nor the order denying defendant's motion for summary judgment in its entirety, is a final judgment. Each is merely a pretrial adjudication that certain issues of the case shall be deemed established for the trial of the case. Each is an interlocutory order. 6 Moore's Federal Practice 2024, 2296, 2299, 2311, and 2314; Florida Rules of Civil Procedure 1.36(d), 30 F.S.A.; Brannon v. Johnston, Fla.1955, 83 So.2d 779. In Evin R. Welch & Co. v. Johnson, Fla.App.1962, 138 So.2d 390, we held that a judgment dismissing a cause as to certain parties was a final judgment from which an appeal would lie, but neither of the judgments or orders here are of that nature. Appeals from interlocutory orders at law, relating to venue or jurisdiction over the person, may be taken pursuant to Florida Appellate Rule 4.2, 31 F.S.A.; Tel. Service Co. Inc. v. W. W. Hendricks, Jr., Fla.App.1962, 139 So.2d 436. The judgments and orders here do not relate to venue or jurisdiction over the person. We have dismissed an appeal from an interlocutory order where the appeal was not taken in accordance with the rule governing interlocutory appeals. Finneran v....
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Brown v. Wood, 6801
...order at law, not final, and therefore not appealable. Cf. McLean v. Plant Fruit Company, Fla.App.1964, 167 So.2d 332; Doby v. Griffin, Fla.App.1962, 144 So.2d 873. For reasons discussed Infra, we find that Counts 4 and 5 of plaintiffs' amended complaint do not state a separate cause of act......
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Fontainebleau Hotel Corp. v. Young, 63-179
...Practice, p56.20 Part 3 (2nd ed. 1953); and Annot. 75 A.L.R.2d 1201, 1209-1213. And see, consistent with the above, Doby v. Griffin, Fla.App.1962, 144 So.2d 873. The leading federal case of Biggins v. Oltmer Iron Works, supra, involved a summary judgment for part of the damages sought under......
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R. J. Brown, Inc. v. Seminerio, 70--929
...the following decisions of our sister appellate courts: Meckler v. Hecht Rubber Corporation, Fla.App.1966, 190 So.2d 186; Doby v. Griffin, Fla.App.1962, 144 So.2d 873; Pullman Company v. Fleishel, Fla.App.1958, 101 So.2d Accordingly, certiorari is denied without prejudice to appropriate app......
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West India Shipping Co., Inc. v. James, 69-784
...summary judgment because the petitioner has a full, adequate and complete remedy through appeal after final judgment. Doby v. Griffin, Fla.App.1962, 144 So.2d 873; Pullman Company v. Fleishel, Fla.App.1958, 101 So.2d Petition denied. WALDEN and McCAIN, JJ., and ADAMS, ALTO, Associate Judge,......