Bank of Clearwater v. Kimbrel

Hill, Justice.

This interlocutory appeal was granted to the Bank of Clearwater and Joseph S. Clark, defendants below, to review the denial of a motion to establish a copy of an order as the original and the denial of their motion to *571dismiss.1 The trial judge found that his predecessor in office had signed an order granting the defendants’ motion for summary judgment on February 19,1976, but that that order had not been filed with the clerk. He held that because the order was not filed of record, it was not effective.

The evidence is uncontradicted that the 1976 order granting summary judgment,…