Rizzuto v. Dipaolo, 77-1499

Decision Date19 April 1978
Docket NumberNo. 77-1499,77-1499
Citation357 So.2d 490
PartiesRosario R. RIZZUTO, Appellant, v. Philip E. DiPAOLO, III, Appellee.
CourtFlorida District Court of Appeals

Frank H. Bass, Jr., of Martin J. Jones, P. A., St. Petersburg, for appellant.

Dennis E. Dabroski and William D. Slicker, of Lyle, Skipper, Wood & Anderson, St. Petersburg, for appellee.

PER CURIAM.

Plaintiff/appellant seeks to appeal an order which reads "that defendant's motion for summary judgment is hereby granted." This is not a final decision, order, judgment, or decree within the contemplation of Fla.R.App.P. 3.2(b). Likewise, the case is not one which formerly would have been cognizable in equity so the order is not subject to an interlocutory appeal. Fla.R.App.P. 4.2(a). 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).

GRIMES, A. C. J., and OTT and DANAHY, JJ., concur.

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3 cases
  • Coral Gables Imports, Inc. v. Suarez
    • United States
    • Florida District Court of Appeals
    • July 8, 2020
    ...other words of similar import. Without such language, the orders are not final judgments.") (citations omitted); Rizzuto v. Dipaolo, 357 So. 2d 490, 491 (Fla. 2d DCA 1978) (holding an order that read "that defendant's motion for summary judgment is hereby granted" was not a final decision);......
  • Allstate Ins. Co. v. Collier, 81-1837
    • United States
    • Florida District Court of Appeals
    • November 4, 1981
    ...the finality of the instant judgment and cite Renard v. Kirkeby Hotels, Inc., 99 So.2d 719 (Fla. 3d DCA 1958) and Rizzuto v. DiPaolo III, 357 So.2d 490 (Fla.2d DCA 1978) as support. However, both these last two cited cases merely intoned that the motion for summary judgment was granted and ......
  • Suburban Village Mobile Home Park, Ltd. v. Sun Bank of Gainesville, s. II-93 and II-96
    • United States
    • Florida District Court of Appeals
    • April 19, 1978

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