Elliott v. Lazar
Decision Date | 01 August 1958 |
Docket Number | No. 182,182 |
Parties | B. ELLIOTT and Velva I. Elliott, his wife, Appellants, v. Lawrence L. LAZAR, Trustee, and Lawrence L. Lazar, as Trustee for Tessie Schlesinger, Appellee. |
Court | Florida District Court of Appeals |
Moore, Jaffe & Amari, Alvin N. Weinstein, Miami, for appellants.
Danton & Lazar, Charles Danton, Miami Beach, for appellee
This is an appeal from an order granting a motion for summary decree in favor of the defendants in a suit brought by the appellants, as plaintiffs below, for the rescission of a trust agreement and a trust assignment and for other relief.
The defendants filed a motion for judgment on the pleadings and for summary judgment, and the chancellor entered an order as follows, omitting formal parts:
'It Is Hereby Ordered,
'That Defendant's Motion for a Summary Decree is hereby granted to the Defendant, and
'Defendant's Motion for a Judgment for Defendant on the Pleadings is hereby granted to the Defendant.
'Any Lis Pendens filed heretofore in this cause at Book 713 Page 197 of the Public Records of Broward County, Florida be and the same is hereby removed cancelled and declared null and void.'
Notice of Appeal was filed May 29, 1957 from this order.
During oral argument on the above case the court questioned the right of appeal from said order and permitted briefs to be filed by the parties to this cause on the question of whether this court has jurisdiction to hear said appeal. Such briefs have been filed.
The District Court of Appeal of Florida, Third District, in the case of Renard v. Kirkeby Hotels, Inc., Fla.App.1958, 99 So.2d 719, 720, had a similar question before it. The order, as recited in the opinion, being:
'Ordered, adjudged and decreed that defendant's motion for summary judgment be, and the same is, hereby granted.'
Which order the court held not to be a final judgment and therefore, not subject to review. The court, in an opinion by Judge Horton, reviewed a series of cases, decided by the Florida Supreme Court, involving appeals which were determined not to be from final judgments. We quote from this opinion as follows:
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