First Nat. Bank of Searcy, Ark. v. Collins

Decision Date14 July 1978
Docket NumberNo. 77-1978,77-1978
Citation360 So.2d 804
PartiesFIRST NATIONAL BANK OF SEARCY, ARKANSAS, a National Banking Corporation, Appellant, v. Joseph P. COLLINS and Geneve H. Collins, his wife, Appellees.
CourtFlorida District Court of Appeals

C. Philip Campbell, Jr. of Jacobs, Robbins & Gaynor, St. Petersburg, for appellant.

Lemuel S. Hunnicutt, St. Petersburg, for appellees.

PER CURIAM.

Appellant seeks to appeal an order dated November 3, 1977 which provides that the appellees' motion to dismiss and motion for summary judgment are granted. This is not a final decision, order, judgment, or decree within the contemplation of Rule 3.2(b) of the Florida Rules of Appellate Procedure. We point out that this case is not one which formerly would have been cognizable in equity, therefore the order is not subject to an interlocutory appeal. Fla.R.App.P. 4.2(a).

Accordingly, we have no jurisdiction, and this appeal is hereby dismissed sua sponte. Rizzuto v. DiPaolo, 357 So.2d 490 (Fla. 2d DCA 1978); Arnold v. Brady, 178 So.2d 732 (Fla. 2d DCA 1965).

DISMISSED SUA SPONTE.

HOBSON, Acting C. J., and BOARDMAN and DANAHY, JJ., concur.

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3 cases
  • Gries Inv. Co. v. Chelton
    • United States
    • Florida District Court of Appeals
    • September 30, 1980
    ...motion to dismiss is not final and not appealable. 2 Guth v. Howard, 362 So.2d 725 (Fla. 2d DCA 1978); First National Bank of Searcy, Arkansas v. Collins, 360 So.2d 804 (Fla. 2d DCA 1978); Horton v. Unigard Insurance Company, 355 So.2d 154 (Fla. 4th DCA 1978); Shotkin v. Deehl, 148 So.2d 53......
  • Donnell v. Industrial Fire and Cas. Co.
    • United States
    • Florida District Court of Appeals
    • January 22, 1980
    ...Ins. Co., 356 So.2d 1298 (Fla. 3d DCA 1978); Guth v. Howard, 362 So.2d 725 (Fla. 2d DCA 1978); First National Bank of Searcy, Arkansas v. Collins, 360 So.2d 804 (Fla. 2d DCA 1978); Horton v. Unigard Ins. Co., 355 So.2d 154 (Fla. 4th DCA 1978), cert. dismissed, 373 So.2d 459 (Fla.1979); Shot......
  • Fisher v. NCNB Nat. Bank, 4-86-1907
    • United States
    • Florida District Court of Appeals
    • May 20, 1987
    ...v. Chelton, 388 So.2d 1281 (Fla. 3d DCA 1980); Guth v. Howard, 362 So.2d 725 (Fla. 2d DCA 1978); First National Bank of Searcy, Arkansas v. Collins, 360 So.2d 804 (Fla. 2d DCA 1978); Horton v. Unigard Insurance Company, 355 So.2d 154 (Fla. 4th DCA 1978); Shotkin v. Deehl, 148 So.2d 538 (Fla......

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