Shupack v. Allstate Insurance Co.

Shupack v. Allstate Ins. Co., 356 So. 2d 1298 (Fla. Dist. Ct. App. 1978)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: March 28, 1978
Docket: No. 77-407
Judges: Hendry, Nathan and Kehoe
Citations: 356 So. 2d 1298

Cited by 16

Opinion

356 So.2d 1298 (1978)

Robert A. SHUPACK, Appellant,

ALLSTATE INSURANCE COMPANY, a Foreign Corporation for Profit, Appellee.

No. 77-407.

District Court of Appeal of Florida, Third District.

March 28, 1978.

Harold M. Braxton, Miami, for appellant.

Adams, George, Schulte & Ward and Amy Shield Levine, Miami, for appellee.

*1299 Before HENDRY, NATHAN and KEHOE, JJ.

KEHOE, Judge.

Appellant, plaintiff below, appeals from an order, in an action at law, granting appellee's motion for summary judgment. The decretal portion of the trial court's order reads:

"Ordered and adjudged that the motion for summary judgment be, and the same is hereby granted."

This order is merely authorization for a final judgment. It does not constitute a final judgment, nor is it an order from which an interlocutory appeal could properly lie. See Harris v. Mosteller, 253 So.2d 275 (Fla. 2d DCA 1971); Arnold v. Brady, 178 So.2d 732 (Fla. 2d DCA 1965); Lyden v. DePiera, 147 So.2d 573 (Fla. 3d DCA 1962); Stone v. Buckley, 119 So.2d 298 (Fla. 2d DCA 1960); Chastain v. Embry, 118 So.2d 33 (Fla. 2d DCA 1960); Elliott v. Lazar, 104 So.2d 618 (Fla. 2d DCA 1958); and Renard v. Kirkeby Hotels, 99 So.2d 719 (Fla. 3d DCA 1958).

We recognize our authority to treat the appeal before the court as a petition for certiorari; however, we decline to do so and dismiss the appeal sua sponte.

Appeal dismissed.

How later courts describe this case

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

Cited by 16 cases

View all citing references →

Relies on it most ⓘ

Murphy White Dairy, Inc. v. Simmons405 So. 2d 298 (Fla. Dist. Ct. App. 1981)
Donnell v. Industrial Fire and Casualty Co.378 So. 2d 1344 (Fla. Dist. Ct. App. 1980)
Aetna Casualty & Surety Co. v. Meyer385 So. 2d 10 (Fla. Dist. Ct. App. 1980)
Deal Farms, Inc. v. Farm & Ranch Supply, Inc.382 So. 2d 888 (Fla. Dist. Ct. App. 1980)
Nolan's Towing and Recovery v. Marino Trucking, Inc.581 So. 2d 644 (Fla. Dist. Ct. App. 1991)
Kessler v. Gumenick358 So. 2d 1167 (Fla. Dist. Ct. App. 1978)

Most recent

Castillo v. Deutsche Bank National Trust Co.57 So. 3d 965 (Fla. Dist. Ct. App. 2011)
State v. Florida Police Benevolent Ass'n688 So. 2d 326 (Fla. 1997)
Webb v. Peoples First Financial Savings & Loan Ass'n597 So. 2d 404 (Fla. Dist. Ct. App. 1992)
Nolan's Towing and Recovery v. Marino Trucking, Inc.581 So. 2d 644 (Fla. Dist. Ct. App. 1991)
Al Hutchinson Entp., Inc. v. American Bankers Ins. Group557 So. 2d 880 (Fla. Dist. Ct. App. 1990)
Newmeyer v. Southeast Mortgage Co.546 So. 2d 1060 (Fla. Dist. Ct. App. 1989)

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 7

Depth	Case	Cited by
	Renard v. Kirkeby Hotels, 99 So. 2d 719 (Fla. Dist. Ct. App. 1958)	26
	Chastain v. Embry, 118 So. 2d 33 (Fla. Dist. Ct. App. 1960)	15
	Arnold v. Brady, 178 So. 2d 732 (Fla. Dist. Ct. App. 1965)	11
	Stone v. Buckley, 119 So. 2d 298 (Fla. Dist. Ct. App. 1960)	7
	Lydem v. DePiera, 147 So. 2d 573 (Fla. Dist. Ct. App. 1962)	7
	Elliott v. Lazar, 104 So. 2d 618 (Fla. Dist. Ct. App. 1958)	5
	Harris v. Mosteller, 253 So. 2d 275 (Fla. Dist. Ct. App. 1971)	3

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