Schutzer v. City of Miami
| Decision Date | 16 January 1958 |
| Docket Number | No. 57-343,57-343 |
| Parties | Fannie SCHUTZER and Louis Schutzer, Appellants, v. The CITY OF MIAMI, a Municipal Corporation, appellee. |
| Court | Florida District Court of Appeals |
Albion & Greenfield, Miami, and Vivian Schaeffer Stadlan, Miami Beach, and Morton Rosenblum, Miami, for appellants.
James McVeigh, Asst. City Atty., Miami, for appellee.
The appeal in this cause is from a 'final judgment' dated February 4, 1957, the material portion of which is as follows:
'Ordered and adjudged that the Defendant's Motion for Directed Verdict be hereby granted.'
Although the appellee has not raised the question, the court sua sponte has determined that the 'final judgment' sought to be reviewed is not a final decision from which appeal would lie under the provisions of Rule 3.2(b), Florida Appellate Rules. Until a final judgment is rendered that is subject to appeal pursuant to the aforementioned rule, there is nothing for this court to review. See Brannon v. Johnston, Fla.1955, 83 So.2d 779. The appeal accordingly is dismissed.
Dismissed.
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Dewey v. Mynatt
...foundation for the exercise of the power. State ex rel. Diamond Berk Ins. Agency v. Carroll, Fla.1958, 102 So.2d 129; Schutzer v. City of Miami, Fla.App.1958, 99 So.2d 729.' The appeal in this cause is ALLEN, C. J., LILES, J., and WEHLE, VICTOR O., Associate Judge, concur. ...
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Pakonis v. Clark, 3D12–200.
...on December 31, 2011. While in some circumstances such an order might be a non-final, non-appealable order, see Schutzer v. City of Miami, 99 So.2d 729 (Fla. 3d DCA 1958), the order in this case not only memorializes the oral pronouncement on December 14, 2011, but in the next sentence stat......
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Ballard v. Hopkins, 2716
...An order granting defendant's motion for directed verdict is not a final judgment from which an appeal would lie. Schutzer v. City of Miami, Fla.App.1958, 99 So.2d 729. An order granting a motion for summary judgment is not a final judgment from which an appeal may be taken. Chastain v. Emb......
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Bumby & Stimpson, Inc. v. Peninsula Utilities Corp.
...foundation for the exercise of the power. State ex rel. Diamond Berk Ins. Agency v. Carroll, Fla.1958, 102 So.2d 129; Schutzer v. City of Miami, Fla.App .1958, 99 So.2d 729. The question thus becomes: Was the order of March 12th, 1964, which was final in form but which left undisposed defen......