Weltz v. Mann, 79-235

Decision Date14 May 1980
Docket NumberNo. 79-235,79-235
Citation383 So.2d 324
PartiesJewel H. WELTZ et vir, Appellants, v. George MANN et al., Appellees.
CourtFlorida District Court of Appeals

Michael Lake of Bogin, Munns & Munns, Orlando, for appellants.

Reinald Werrenrath, III of Akerman, Senterfitt & Eidson, Orlando, for appellees.

DAUKSCH, Chief Judge.

On appeal is an order dismissing a claim for punitive damages against various persons, the appellees. Appellant has filed an "interlocutory" 1 appeal urging us to take jurisdiction. We have no jurisdiction because the order is not one of those non-final orders within the limits of Rule 9.130(a)(3), Florida Rules of Appellate Procedure. More particularly, it is not an order under Rule 9.130(a)(3)(C)(IV) as apparently appellant urges it is. This is an order deciding the issue of liability against a party seeking affirmative relief. We shall decide the matter on plenary appeal, if it is properly raised.

This appeal is dismissed, sua sponte.

COBB and UPCHURCH, JJ., concur.

1 These appeals are properly called Appeals from Non-Final Orders. Rule 9.130, Fla.R.App.P. (1977).

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4 cases
  • Orlovsky v. Solid Surf, Inc.
    • United States
    • Florida District Court of Appeals
    • November 18, 1981
    ...dismiss it from the case. Accordingly, the order is not final as to Solid Surf and, as such, is not appealable. Weltz v. Mann, 383 So.2d 324 (Fla.5th DCA 1980). See also Gibbs v. Reliance Insurance Company, 399 So.2d 1108 (Fla.5th DCA 1981). We, therefore, will not review the propriety of t......
  • Shapiro v. Shapiro
    • United States
    • Florida District Court of Appeals
    • June 8, 1983
    ...under Rule 9.130(a)(3)(C)(iv). See P & H Vehicle Rental and Leasing Corp. v. Garner, 416 So.2d 503 (Fla. 5th DCA 1982); Weltz v. Mann, 383 So.2d 324 (Fla. 5th DCA 1980). We recognize the time and effort which has been expended in this matter by the parties, the trial court and this Court. W......
  • Department of Professional Regulation v. Rentfast, Inc., 84-1408
    • United States
    • Florida District Court of Appeals
    • April 18, 1985
    ...punitive damages, which are related to compensatory damages remaining in the suit to be tried, is not appealable. Weltz v. Mann, 383 So.2d 324 (Fla. 5th DCA 1980); see also Bernstein v. First Federal Savings & Loan Association of Orlando, 384 So.2d 301 (Fla. 5th DCA 1980). Similarly, the co......
  • Graham Trucking Lines, Inc. v. C & D Trucking Service, Inc.
    • United States
    • Florida District Court of Appeals
    • May 14, 1980

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