Culberth v. Keith

Appellant takes a plenary appeal from a trial court order denying appellant’s motion for a judgment on the pleadings in an action to quiet title. The order appealed is an interlocutory order and the appeal should have been designated an interlocutory appeal as provided by Rule 4.2 F.A.R. (1975). However, we shall treat the appeal as an interlocutory appeal. DeWitt v. Seaboard Coast Line Railroad Company, 268 So.2d 177 (Fla.App.1972).

Upon review of the record on appeal and after consideration of the brief of appellant's counsel, counsel for appellee having failed to file a brief, we determine…