Shupack v. Allstate Ins. Co., 77-407
| Decision Date | 28 March 1978 |
| Docket Number | No. 77-407,77-407 |
| Citation | 356 So.2d 1298 |
| Parties | Robert A. SHUPACK, Appellant, v. ALLSTATE INSURANCE COMPANY, a Foreign Corporation for profit, Appellee. |
| Court | Florida District Court of Appeals |
Harold M. Braxton, Miami, for appellant.
Adams, George, Schulte & Ward and Amy Shield Levine, Miami, for appellee.
Before HENDRY, NATHAN and KEHOE, JJ.
Appellant, plaintiff below, appeals from an order, in an action at law, granting appellee's motion for summary judgment. The decretal portion of the trial court's order reads:
"Ordered and adjudged that the motion for summary judgment be, and the same is hereby granted."
This order is merely authorization for a final judgment. It does not constitute a final judgment, nor is it an order from which an interlocutory appeal could properly lie. See Harris v. Mosteller, 253 So.2d 275 (Fla. 2d DCA 1971); Arnold v. Brady, 178 So.2d 732 (Fla. 2d DCA 1965); Lyden v. DePiera, 147 So.2d 573 (Fla. 3d DCA 1962); Stone v. Buckley, 119 So.2d 298 (Fla. 2d DCA 1960); Chastain v. Embry, 118 So.2d 33 (Fla. 2d DCA 1960); Elliott v. Lazar, 104 So.2d 618 (Fla. 2d DCA 1958); and Renard v. Kirkeby Hotels, 99 So.2d 719 (Fla. 3d DCA 1958).
We recognize our authority to treat the appeal before the court as a petition for certiorari; however, we decline to do so and dismiss the appeal sua sponte.
Appeal dismissed.
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Donnell v. Industrial Fire and Cas. Co.
...Corp., 351 So.2d 1073 (Fla. 4th DCA 1977); see, e. g., Kessler v. Gumenick, 358 So.2d 1167 (Fla. 3d DCA 1978); Shupack v. Allstate Ins. Co., 356 So.2d 1298 (Fla. 3d DCA 1978); Guth v. Howard, 362 So.2d 725 (Fla. 2d DCA 1978); First National Bank of Searcy, Arkansas v. Collins, 360 So.2d 804......
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Chafetz v. Price, 79-1537
...neither final nor an appealable interlocutory order. Art. V. § 4(b)(1), Fla.Const.; Fla.R.App.P. 9.130(a)(3); Shupack v. Allstate Insurance Co., 356 So.2d 1298 (Fla. 3d DCA 1978). In February, 1979, a voluntary dismissal with prejudice, and a proposed order upon stipulation, were negotiated......
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Deal Farms, Inc. v. Farm & Ranch Supply, Inc., OO-207
...judgment dismissing Deal Farms. The order granting summary judgment is virtually identical to the order in Shupack v. Allstate Ins. Co., 356 So.2d 1298 (Fla. 3rd DCA 1978), which was held to be merely authorization for a summary judgment, not a final judgment, nor an order from which interl......
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Murphy White Dairy, Inc. v. Simmons, 80-1831
...actually dismisses the cause so as to give the order requisite finality for appeal purposes. Compare, e. g., Shupack v. Allstate Insurance Company, 356 So.2d 1298 (Fla. 3d DCA 1978).4 It certainly cannot be said that an unsuccessful appeal by a party faced with the Mendez finality-nonfinali......