Potts v. Hayden
| Decision Date | 02 July 1971 |
| Docket Number | No. 71--207,71--207 |
| Citation | 249 So.2d 726 |
| Court | Florida District Court of Appeals |
| Parties | Kathleen POTTS, individually and as next friend of David Eugene Smith, a minor, Appellant, v. Judith K. HAYDEN et al., Appellees. |
The order appealed from is not final as to these parties. It is therefore not appealable until after final judgment. There is no provision in F.A.R. 4.2, 32 F.S.A., for interlocutory review of a 'final' summary judgment on a counterclaim while the main claim between the parties is pending. The motion to dismiss is granted without prejudice to the right of appeal from final judgment. See Midstate Hauling Co. v. Liberty Mutual Insurance Co., Fla.App.4th 1966, 189 So.2d 826.
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3 cases
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S. L. T. Warehouse Co. v. Webb
...179 So.2d 414. The Pullum case emanated out of the Second District Court of Appeal, but was not followed by that court in Potts v. Hayden, Fla.App.1971, 249 So.2d 726, wherein it was held that an appeal would not lie from a final summary judgment on a counterclaim while the main claim betwe......
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S. L. T. Warehouse Co. v. Webb
...179 So.2d 414. The Pullum case emanated out of the Second District Court of Appeal, but was not followed by that court in Potts v. Hayden, Fla.App.1971, 249 So.2d 726, wherein it was held that an appeal would not lie from a final summary judgment on a counterclaim while the main claim betwe......
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Taussig v. Ins. Co. of North America
...v. Webb, Fla.App.4th, 1974, 294 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 beg......