Modular Computer v. Digital Research

Full title: MODULAR COMPUTER SYSTEMS, INC., A FLORIDA CORPORATION, APPELLANT, v…

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 13, 1985

462 So. 2d 1220 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-2500.

February 13, 1985.

Non-final appeal from Circuit Court, Broward County; Bobby W. Gunther, Judge.

James O. Murphy, Jr. of Byrd Murphy, Fort Lauderdale, for appellant.

Lee B. Gartner of Sobo, Wellens Balocco, Fort Lauderdale, for appellee.

PER CURIAM.

DISMISSED. Appellant was the party seeking affirmative relief in his second amended counterclaim. Thus, dismissal of Count I of that claim is not an order in favor of the party seeking affirmative relief. 9.130(a)(3)(C)(iv) Fla.R.App.P.

DOWNEY, HERSEY and DELL, JJ., concur.