Legal Opinion

Fennell v. Beary

District Court of Appeal of Florida

Decided September 23, 1994No. 93-2744Published

1Opinion of the Court

THOMPSON, Judge.

Guss Fennell appeals an order of the trial court which struck portions of his third amended complaint. Because the trial court’s order is a non-final non-appealable order, this appeal must be dismissed for lack of jurisdiction. See Niesz v. R. P. Morgan Bldg. Co., Inc., 401 So.2d 822, 822-823 (Fla. 5th DCA 1981); One Thousand Oaks, Inc. v. Dade Sav. & Loan Ass’n, 417 So.2d 1135, 1135-1136 (Fla. 5th DCA 1982).

The gravamen of Fennell’s law suit is the allegation of excessive use of force by employees of the Sheriff of Orange County, Florida. The trial court struck portions of…

2Cases cited3 opinions

  1. Niesz v. RP MORGAN BUILDING, CO., INC.District Court of Appeal of Florida · 1981
  2. One Thousand Oaks, Inc. v. DADE SAV. & LOANDistrict Court of Appeal of Florida · 1982
  3. Finney v. Wonder Development Corp.District Court of Appeal of Florida · 1980

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