Sumerall v. Florida Tar & Creosote Corp.

Decision Date18 December 1951
Citation55 So.2d 713
PartiesSUMERALL v. FLORIDA TAR & CREOSOTE CORP.
CourtFlorida Supreme Court

R. S. Swing, Vero Beach, for appellant.

Otis R. Parker, Jr., Fort Pierce, for appellee.

PER CURIAM.

This is an appeal in a common law action from an order sustaining a motion to dismiss, with further leave to amend an amendment to the amended complaint. The order, supra, sought to be reviewed here on appeal is not a final judgment or such an order as disposes of the case on its merits, but at the most is only an interlocutory order in a common law action which cannot under our adjudications be reviewed on appeal in this Court. It therefore follows that the appeal should be and is hereby dismissed ex mero motu.

SEBRING, C. J., and CHAPMAN, ROBERTS and MATHEWS, JJ., concur.

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5 cases
  • Ferguson v. State
    • United States
    • Florida Supreme Court
    • December 6, 1979
    ...377 So.2d 709 ... Carl A. FERGUSON, Petitioner, ... STATE of Florida, Respondent ... No. 55974 ... Supreme Court of Florida ... Dec. 6, ... ...
  • Ruth v. U.S. Fidelity & Guaranty Co.
    • United States
    • Florida Supreme Court
    • November 23, 1955
    ...of were available to the complaining parties. Compare Schwenck v. Jacobs, 160 Fla. 33, 33 So.2d 592, with Sumerall v. Florida Tar & Creosote Corp., Fla., 55 So.2d 713. Following denial of certiorari the complaining parties embarked upon a renewed effort to litigate their claim involved in f......
  • Gaetano v. State
    • United States
    • Florida District Court of Appeals
    • February 8, 1973
    ...273 So.2d 84 ... Donald GAETANO, Jr., Appellant, ... STATE of Florida, Appellee ... No. 72--455 ... District Court of Appeal of Florida, ... ...
  • Millman v. State
    • United States
    • Florida Supreme Court
    • December 21, 1951
    ...55 So.2d 713 ... Supreme Court of Florida, Division A ... Dec. 21, 1951 ...         Pine & Taylor, Miami, ... ...
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