Greene v. American Trash Hauling Co.

CARROLL, Judge.

The appellee’s motion to dismiss the appeal is denied. A plaintiff may appeal an order of nonsuit without the order being in form of a final judgment. §§ 59.02, 59.05, Fla.Stat., F.S.A.

At the trial the plaintiff elected to take an involuntary nonsuit because of a ruling of the court, and the order for non-suit was appealed. The movant contended the order was not appealable because it did not include language necessary to make it a .final judgment.

Appellee cited cases covering a fifty year period, holding such an order must be final in form to be appealable. However, in 1941 the…