McLean v. Plant Fruit Co., 5312
| Decision Date | 23 September 1964 |
| Docket Number | No. 5312,5312 |
| Citation | 167 So.2d 332 |
| Parties | J. E. McLEAN, J. E. McLean, Jr., and J. E. McLean, III, co-partners, trading and doing business as J. E. McLean & Sons, Appellants, v. PLANT FRUIT COMPANY, a Florida corporation, Appellee. |
| Court | Florida District Court of Appeals |
John W. Boult, of Shackleford, Farrior, Stallings, Glos & Evans, Tampa, for appellants.
Marvin E. Barkin, of Fowler, White, Gillen, Humkey & Trenam, Tampa, for appellee.
This matter is before the Court on the Motion of the appellee to dismiss.
After the filing of an amended complaint at law for damages for breach of contract, answer and counterclaim were filed. The Court entered a summary judgment dismissing the amended complaint, but left pending the counterclaim. Under such circumstances the judgment dismissing the complaint is a partial summary judgment and therefore interlocutory, and not appealable within the meaning of Florida Statutes, § 59.2(1), F.S.A. and Florida Appellate Rule 3.2, subd. b, 31 F.S.A.
Accordingly, the motion to dismiss is...
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Brown v. Wood, 6801
...the dismissal of Counts 1 and 2 was an interlocutory 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 For reasons discussed Infra, we find that Counts 4 and 5 of plaintiffs' amende......
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Taussig v. Ins. Co. of North America
...So.2d 712; Midstate Hauling Co. v. Liberty Mutual Ins. Co., Fla.App.4th, 1966, 189 So.2d 826.4 Fla.App.2d 1971, 249 So.2d 726.5 Fla.App.2d 1964, 167 So.2d 332.6 Fla.App.2d 1973, 287 So.2d 739.7 Fla.App.2d 1967, 198 So.2d 658.8 See generally the discussion beginning at 6 Moore's Federal Prac......
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Morse v. Hendry Corp.
...order at law not relating to venue or jurisdiction over the person and, therefore, nonappealable. The case of McLean v. Plant Fruit Company, Fla.App.1964, 167 So.2d 332, was an action wherein an answer and counterclaim were filed and summary judgment was entered dismissing the amended compl......
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J. H. McElveen and McElveen & McElveen, Inc., a Florida Corporation v. Plant Fruit Company, a Florida Corporation., 5313
...of Fowler, White, Gillen, Humkey & Trenam, Tampa, for appellee. PER CURIAM. Motion to dismiss is granted. See J. E. McLean, et al. v. Plant Fruit Company, Fla.App., 167 So.2d 332. SMITH, C. J., and ALLEN and ANDREWS, JJ., ...