Legal Opinion

Berkan v. Brown

District Court of Appeal of Florida

Decided February 24, 1970No. 69-909PublishedCited by 5 opinions

1Opinion of the Court

ON MOTION

PEARSON, Chief Judge.

The appellees have moved to dismiss this appeal ■ upon the grounds that the *872order appealed from (a) is an interlocutory order in an action formerly cognizable in law and (b) is not one from which an interlocutory appeal is allowed by Rule 4.2, F.A.R., 32 F.S.A. The difficulty arises from the fact that the order is final as to one appellee and interlocutory as to the others. We hold that it is a final appealable order.

The order under review entered final judgment for the appellees upon defendant-appellant’s pleading, which the parties and the court called a…

2Cases cited5 opinions

  1. Bumby & Stimpson, Inc. v. Peninsula Utilities Corp.District Court of Appeal of Florida · 1965
  2. Evin R. Welch & Co. v. JohnsonDistrict Court of Appeal of Florida · 1962
  3. Shute v. Keystone State BankDistrict Court of Appeal of Florida · 1963
  4. Schneider v. ManheimerDistrict Court of Appeal of Florida · 1964
  5. Conboy v. City of NaplesDistrict Court of Appeal of Florida · 1969

3Cited by5 opinions

  1. Edwards v. LandsmanDistrict Court of Appeal of Florida · 2011
  2. Newkirk Constr. Corp. v. GULF CTY.District Court of Appeal of Florida · 1979
  3. Travelers Exp., Inc. v. AcostaDistrict Court of Appeal of Florida · 1981
  4. Niesz v. RP MORGAN BUILDING, CO., INC.District Court of Appeal of Florida · 1981
  5. Berkan v. BrownDistrict Court of Appeal of Florida · 1970

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