Rizzuto v. Dipaolo, 77-1499
Decision Date | 19 April 1978 |
Docket Number | No. 77-1499,77-1499 |
Citation | 357 So.2d 490 |
Parties | Rosario R. RIZZUTO, Appellant, v. Philip E. DiPAOLO, III, Appellee. |
Court | Florida 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.
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).
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Coral Gables Imports, Inc. v. Suarez
...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);......
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Allstate Ins. Co. v. Collier, 81-1837
...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 ......
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