Guth v. Howard
| Decision Date | 27 September 1978 |
| Docket Number | No. 78-502,78-502 |
| Citation | 362 So.2d 725 |
| Parties | Walter F. GUTH, Appellant, v. Nell F. HOWARD, Appellee. |
| Court | Florida District Court of Appeals |
Walter S. McLin, III of McLin, Burnsed & Cyrus, Leesburg, for appellant.
William F. Brewton of Brewton, Council & Swann, Dade City, for appellee.
Petitioner/appellant seeks to appeal an order which reads "that (respondent's) motion to dismiss be and the same is hereby granted." This is not a final order within the contemplation of Fla.R.App. P. 9.030(b)(1)(A). Likewise, this is not a non-final order which may be reviewed by an interlocutory appeal. Fla.R.App. P. 9.130(a)(3). Since we have no jurisdiction, the appeal, sua sponte, is dismissed. Arnold v. Brady, 178 So.2d 732 (Fla.2d DCA 1965); Renard v. Kirkeby Hotels, 99 So.2d 719 (Fla.3d DCA 1958).
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9 cases
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Gries Inv. Co. v. Chelton
...is our jurisdiction to entertain this appeal. An order granting a 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,......
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Barnes v. Ross, 79-1028
...order is not final and not appealable. Donnell v. Industrial Fire & Casualty Company, 378 So.2d 1344 (Fla. 3d DCA 1980); Guth v. Howard, 362 So.2d 725 (Fla. 2d DCA 1978). We thereafter remanded the case to the trial court for the entry of an appropriate final order. The trial court's order ......
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Fisher v. NCNB Nat. Bank, 4-86-1907
...of Madison County v. Grice, 438 So.2d 392 (Fla.1983); Gries Investment 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, ......
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State v. Smith
...491 So.2d 1217 (Fla. 1st DCA 1986); Gries Investment Company v. Chelton, 388 So.2d 1281 (Fla. 3rd DCA 1980); Guth v. Howard, 362 So.2d 725 (Fla. 2nd DCA 1978). Because we do not have jurisdiction, we cannot remand this case to the trial court with directions to enter a written order of dism......
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