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Stone v. Buckley

Aubrey G. STONE v. Jack R. BUCKLEY and Mary June Buckley, Partners, doing business as Buckley's Crane Service

Stone v. Buckley, 119 So. 2d 298 (Fla. Dist. Ct. App. 1960)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
April 6, 1960
Docket
No. 1389
Judges
Allen, Kannek, Shannon
Citations
119 So. 2d 2981960 Fla. App. LEXIS 2441
Cited by 7

Opinion of the Court

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PER CURIAM.

The case about which this appeal is concerned is one at common law. The appeal is from an order granting a motion for summary judgment filed by the defendants in the trial court. The decretal part of the order reads:

“Ordered and adjudged that the motion for summary judgment filed by the defendants, Jack R. Buckley and Mary June Buckley, copartners trading under the firm name of Buckley’s Crane Service, be, and the same is, hereby, granted.”

There has been no final judgment entered consequent upon the order granting the motion just recited. The order thus appealed from is not a final adjudication nor does it come within the exception provided for under Rule 4.2, subd. a. Florida Appellate Rules, 31 F.S.A., which permits an interlocutory order at common law to be appealed when it relates to venue or jurisdiction over the person. See Chastain v. Embry, Fla.App.1960, 118 So.2d 33 ; Baker v. Colley, Fla.App.1958, 104 So.2d 473 ; and Renard v. Kirkeby Hotels, Inc., Fla.App.1958, 99 So.2d 719 . We raise sua sponte the question as to the appealability of the order. Accordingly, the appeal is dismissed.

Appeal dismissed.

ALLEN, C. J., and KANNEK and SHANNON, JJ., concur.

How later courts describe this case

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

Cited by 7 cases

View all citing references →
1961: 11962: 21964: 11968: 11969: 11978: 119612026peak 1962 · 2

Relies on it most ⓘ

  1. Rice v. Doyle223 So. 2d 783 (Fla. Dist. Ct. App. 1969)
  2. Pompano Paint Co. v. Pompano Beach Bank & Trust Co.208 So. 2d 152 (Fla. Dist. Ct. App. 1968)
  3. Shupack v. Allstate Insurance Co.356 So. 2d 1298 (Fla. Dist. Ct. App. 1978)
  4. Washington SEC. Co. v. Tracy's Plumbing & Pumps, Inc.166 So. 2d 680 (Fla. Dist. Ct. App. 1964)
  5. Stone v. Buckley132 So. 2d 613 (Fla. Dist. Ct. App. 1961)
  6. Ballard v. Hopkins142 So. 2d 738 (Fla. Dist. Ct. App. 1962)

Most recent

  1. Shupack v. Allstate Insurance Co.356 So. 2d 1298 (Fla. Dist. Ct. App. 1978)
  2. Rice v. Doyle223 So. 2d 783 (Fla. Dist. Ct. App. 1969)
  3. Pompano Paint Co. v. Pompano Beach Bank & Trust Co.208 So. 2d 152 (Fla. Dist. Ct. App. 1968)
  4. Washington SEC. Co. v. Tracy's Plumbing & Pumps, Inc.166 So. 2d 680 (Fla. Dist. Ct. App. 1964)
  5. Williams v. Maddren147 So. 2d 572 (Fla. Dist. Ct. App. 1962)
  6. Ballard v. Hopkins142 So. 2d 738 (Fla. Dist. Ct. App. 1962)

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 3

DepthCaseCited by
Renard v. Kirkeby Hotels, 99 So. 2d 719 (Fla. Dist. Ct. App. 1958) 26
Baker v. Colley, 104 So. 2d 473 (Fla. Dist. Ct. App. 1958) 17
Chastain v. Embry, 118 So. 2d 33 (Fla. Dist. Ct. App. 1960) 15

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