Shaw v. Hill, 1418
| Decision Date | 25 September 1959 |
| Docket Number | No. 1418,1418 |
| Citation | 114 So.2d 721 |
| Parties | Arthur F. SHAW, Appellant, v. David A. HILL and North Side Development Corporation, Appellee. |
| Court | Florida District Court of Appeals |
Arthur F. Shaw, in pro. per.
J. Hardin Peterson, Lakeland, for appellant.
Leo Wotitzky, Wotitzky & Wotitzky, Farr & Farr, Punta Gorda, for appellee.
The appellee has filed a motion to quash the appeal on the grounds that it is frivolous and taken only for the purpose of delay.
This court has examined the record in this case and finds a jurisdictional defect in the appeal which necessitates the court sua sponte to dismiss the appeal. The notice of appeal states that it is to review the order of dismissal of the Circuit Court of the Twelfth Judicial Circuit, in and for Charlotte County, Florida, made and filed on June 9, 1959. The certificate of the Clerk of the lower court shows the notice of appeal was filed on the 8th day of July, 1959. The appeal purports to be an appeal from a final judgment. The original order of dismissal from which the plaintiff takes his appeal is an interlocutory order in which the plaintiff is allowed 30 days to plead further. The final order of dismissal was entered on the 10th of July, 1959, 2 days after the appeal was filed in this case.
It is, therefore, the order of the court that the appeal in this case be dismissed.
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Womack v. Goldberg, 59-653
...to have been directly determined in Florida by a decision of the District Court of Appeal of Florida, Second District, in Shaw v. Hill, Fla.App.1959, 114 So.2d 721, wherein it was '* * * The appeal purports to be an appeal from a final judgment. The original order of dismissal from which th......
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Washington Sec. Co. v. Tracy's Plumbing & Pumps, Inc., 4542
...dissent stated, among other things, that the point had been determined contrarily by the Second District Court of Appeal in Shaw v. Hill, Fla.App.1959, 114 So.2d 721. The Womack decision, supra, would appear to have projected a vexful conflict had it not been for the import of later decisio......
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Dewey v. Mynatt
...'A notice of appeal filed prior to rendition of a final judgment or decree cannot confer jurisdiction upon the court. Shaw v. Hill, Fla.App.1959, 114 So.2d 721; Tom v. State ex rel. Tom, Fla.App.1962, 143 So.2d 226. Where an appeal is taken in violation of the rules so that it is not legall......
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Bumby & Stimpson, Inc. v. Peninsula Utilities Corp.
...A notice of appeal filed prior to rendition of a final judgment or decree cannot confer jurisdiction upon the court. Shaw v. Hill, Fla.App.1959, 114 So.2d 721; Tom v. State ex rel. Tom, Fla.App.1962, 143 So.2d 226. Where an appeal is taken in violation of the rules so that it is not legally......