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Altiere v. Atlantic National Bank of West Palm Beach

John R. ALTIERE v. The ATLANTIC NATIONAL BANK OF WEST PALM BEACH, Florida, a Florida corporation, as of the Estate of Walter A. Mortensen

Altiere v. Atl. Nat'l Bank of West Palm Beach, 155 So. 2d 386 (Fla. Dist. Ct. App. 1963)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
July 19, 1963
Docket
No. 3330
Judges
Barns, Kanner, Paul, Smith
Citations
155 So. 2d 3861963 Fla. App. LEXIS 3391
Cited by 6

Opinion of the Court

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PER CURIAM.

The appellant, as plaintiff below, filed his amended complaint against the defendant-appellee, alleging that the defendant was indebted to the plaintiff for eleven rental installments which, under the terms of a lease, had matured, were past due, and had not been paid. The plaintiff demanded judgment in the sum of $1,980.00, plus interest and costs. Upon the defendant’s motion to dismiss, the court entered its Order stating:

“* * * ORDERED and ADJUDGED that Defendant’s Motion to Dismiss the Amended Complaint be and the same is hereby granted.”

The plaintiff filed his notice of appeal, seeking review in this Court of the above Order. The record on appeal does not show the entry of a final judgment in this cause.

The order appealed from is not a final judgment; it is an interlocutory order. We have previously held that such an order entered in an action at law is not a final judgment from which an appeal may be taken. Baker v. Colley, Fla.App.1958, 104 So.2d 473 ; Herpel, Incorporated v. Pfundston, Fla.App.1958, 104 So.2d 620 ; Weinmann v. Ligon, Fla.App.1958, 105 So.2d 204 .

We do not have jurisdiction to entertain this appeal. Therefore, it must be dismissed ex mero motu. An appropriate order will be entered.

SMITH, C. J., KANNER, J., and BARNS, PAUL D., Associate Judge, concur.

How later courts describe this case

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

Cited by 6 cases

View all citing references →
1963: 11964: 11966: 11967: 21980: 119632026peak 1967 · 2

Relies on it most ⓘ

  1. Dewey v. Mymatt183 So. 2d 234 (Fla. Dist. Ct. App. 1966)
  2. Washington SEC. Co. v. Tracy's Plumbing & Pumps, Inc.166 So. 2d 680 (Fla. Dist. Ct. App. 1964)
  3. Raphael v. Carner194 So. 2d 298 (Fla. Dist. Ct. App. 1967)
  4. Carn ex rel. Johnson v. Quarles157 So. 2d 536 (Fla. Dist. Ct. App. 1963)
  5. Jefferson National Bank of Miami Beach v. Cloverleaf Hospital, Inc.194 So. 2d 287 (Fla. Dist. Ct. App. 1967)
  6. Kozusnik v. Selkowitz379 So. 2d 168 (Fla. Dist. Ct. App. 1980)

Most recent

  1. Kozusnik v. Selkowitz379 So. 2d 168 (Fla. Dist. Ct. App. 1980)
  2. Jefferson National Bank of Miami Beach v. Cloverleaf Hospital, Inc.194 So. 2d 287 (Fla. Dist. Ct. App. 1967)
  3. Raphael v. Carner194 So. 2d 298 (Fla. Dist. Ct. App. 1967)
  4. Dewey v. Mymatt183 So. 2d 234 (Fla. Dist. Ct. App. 1966)
  5. Washington SEC. Co. v. Tracy's Plumbing & Pumps, Inc.166 So. 2d 680 (Fla. Dist. Ct. App. 1964)
  6. Carn ex rel. Johnson v. Quarles157 So. 2d 536 (Fla. Dist. Ct. App. 1963)

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
Baker v. Colley, 104 So. 2d 473 (Fla. Dist. Ct. App. 1958) 17
Weinmann v. Ligon, 105 So. 2d 204 (Fla. Dist. Ct. App. 1958) 6
Herpel, Inc. v. Pfundston, 104 So. 2d 620 (Fla. Dist. Ct. App. 1958) 4

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