Quackenbush v. Town of Palm Beach, 3437

• Decision Date: 06 March 1963
• Docket Number: No. 3437,3437
• Citation: 151 So.2d 348
• Parties: Stephen Vp. QUACKENBUSH, Appellant, v. TOWN OF PALM BEACH, a municipal corporation, Appellee.
• Court: Florida District Court of Appeals

Page 348

151 So.2d 348

Stephen Vp. QUACKENBUSH, Appellant, v. TOWN OF PALM BEACH, a municipal corporation, Appellee.

No. 3437.

District Court of Appeal of Florida, Second District.

March 6, 1963.

Rehearing Denied April 5, 1963.

Gibson, Gibson & Reese, Thomas L. Bailey and Thomas E. Sholts, West Palm Beach, for appellant.

Elwyn L. Middleton of Burns, Middleton, Rogers & Farrell, Palm Beach, for appellee.

PER CURIAM.

The review sought by appellant relates to an order in effect denying his petition for rehearing and not to the final decree of dismissal. Such a review cannot be had, because if this court is to determine the correctness of the ruling on the petition, it is necessary that the final decree and the record upon which it is based be considered also. Since this requires consideration of a decree not here made the subject of attack, there accordingly arises no jurisdictional foundation upon which this court could afford to appellant the requested review. The appeal must therefore be dismissed. See Klemenko v. Klemenko, Fla.1957, 97 So.2d 11; Finley v. Finley, Fla.1958, 103 So.2d 191; McNary v. Hudson, Fla.App.1959, 110 So.2d 73; Oxford v. Polk Federal Savings & Loan Association of Lakeland, Fla.App.1962, 147 So.2d 603.

Appeal dismissed.

SHANNON, C. J., and KANNER, J., and WIGGINTON, JOHN, Associate Judge, concur.