Summary
holding an order that read "that defendant's motion for summary judgment is hereby granted" was not a final decision
Summary of this case from Coral Gables Imports, Inc. v. SuarezOpinion
No. 77-1499.
April 19, 1978.
Appeal from Circuit Court, Pinellas County; David F. Patterson, Judge.
Frank H. Bass, Jr., of Martin J. Jones, P.A., St. Petersburg, for appellant.
Dennis E. Dabroski and William D. Slicker, of Lyle, Skipper, Wood Anderson, St. Petersburg, for appellee.
Plaintiff/appellant seeks to appeal an order which reads "that defendant's motion for summary judgment is hereby granted." This is not a final decision, order, judgment, or decree within the contemplation of Fla. R.App.P. 3.2(b). Likewise, the case is not one which formerly would have been cognizable in equity so the order is not subject to an interlocutory appeal. Fla.R.App.P. 4.2(a). Since we have no jurisdiction, the appeal, sua sponte, is dismissed. Arnold v. Brady, 178 So.2d 732 (Fla.2d DCA 1965); Renard v. Kirkeby Hotels, 99 So.2d 719 (Fla.3d DCA 1958).
GRIMES, A.C.J., and OTT and DANAHY, JJ., concur.