TaiLexi AI U.S. Case Law

Shotkin v. Deehl

Shotkin v. Deehl, 148 So. 2d 538 (Fla. Dist. Ct. App. 1963)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
District Court of Appeal of Florida · State Appellate Courts
Decided
January 8, 1963
Docket
No. 62-648
Judges
Pearson, Tillman, C.J., and Carroll and Horton
Citations
148 So. 2d 538
Cited by 11

Opinion

148 So.2d 538 (1963)

Bernard M. SHOTKIN, Appellant,

v.

Robert M. DEEHL, Appellee.

No. 62-648.

District Court of Appeal of Florida. Third District.

January 8, 1963. Rehearing Denied January 28, 1963.

*539 Bernard M. Shotkin, in pro. per.

Charles H. Wakeman, Jr., Miami, for appellee.

Before PEARSON, TILLMAN, C.J., and CARROLL and HORTON, JJ.

PER CURIAM.

By order of the court and upon the appellee's motion to quash and the appellant's motion for constitutional stay, oral argument of the respective parties was heard.

The instant appeal was from an order granting a motion to dismiss. The form of the order, which merely granted the motion, renders it non-appealable. Baker v. Colley, Fla.App. 1958, 104 So.2d 473 . Moreover, an examination of the record and the order appealed discloses that the appellant is attempting to join third party defendants in support of a claim not germane to nor growing out of the plaintiff's action. This constitutes third party practice and is not permitted by the Florida Rules of Civil Procedure. See Pan American Surety Co. v. Jefferson Construction Co., Fla.App. 1958, 99 So.2d 726 . Cf. Rule 14, Federal Rules of Civil Procedure.

The motion for stay is accordingly denied and the appeal is dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1964: 21965: 21967: 11971: 11980: 31984: 11987: 119642026peak 1980 · 3

Relies on it most ⓘ

  1. Washington SEC. Co. v. Tracy's Plumbing & Pumps, Inc.166 So. 2d 680 (Fla. Dist. Ct. App. 1964)
  2. Gries Inv. Co. v. Chelton388 So. 2d 1281 (Fla. Dist. Ct. App. 1980)
  3. Donnell v. Industrial Fire and Casualty Co.378 So. 2d 1344 (Fla. Dist. Ct. App. 1980)
  4. Arnold v. Brady178 So. 2d 732 (Fla. Dist. Ct. App. 1965)
  5. Raphael v. Carner194 So. 2d 298 (Fla. Dist. Ct. App. 1967)
  6. Paulson v. Faas171 So. 2d 9 (Fla. Dist. Ct. App. 1965)

Most recent

  1. Fisher v. NCNB National Bank507 So. 2d 737 (Fla. Dist. Ct. App. 1987)
  2. Piper Aircraft Co. v. Whyham455 So. 2d 650 (Fla. Dist. Ct. App. 1984)
  3. Gries Inv. Co. v. Chelton388 So. 2d 1281 (Fla. Dist. Ct. App. 1980)
  4. Donnell v. Industrial Fire and Casualty Co.378 So. 2d 1344 (Fla. Dist. Ct. App. 1980)
  5. Kozusnik v. Selkowitz379 So. 2d 168 (Fla. Dist. Ct. App. 1980)
  6. Armstrong Contracting & Supply Corp. v. Aerospace Industries, Inc.254 So. 2d 242 (Fla. Dist. Ct. App. 1971)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Baker v. Colley, 104 So. 2d 473 (Fla. Dist. Ct. App. 1958) 17
Pan Am. Sur. Co. v. Jefferson Constr. Co., 99 So. 2d 726 (Fla. Dist. Ct. App. 1958) 10

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list