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Martin v. Green

District Court of Appeal of Florida, Second District
Nov 10, 1961
134 So. 2d 268 (Fla. Dist. Ct. App. 1961)

Opinion

No. 2613.

November 10, 1961.

Appeal from the Circuit Court, Polk County, D.O. Rogers, J.

Edward C. Flood, Bartow, for appellant.

Richard W. Ervin, Atty. Gen., Anthony J. Licata, Asst. Atty. Gen., for appellee.


The notice of appeal is directed to an order of the Circuit Court bearing date April 18, 1961. The appellee has moved to dismiss the appeal, contending that the order appealed is not a final judgment from which an appeal may be taken, and asserting that the final order was entered on November 15, 1960. We find that neither the order of April 18, 1961, nor the order of November 15, 1960, is a final judgment from which an appeal may be taken in an action at law and the appeal is, therefore, dismissed ex mero motu.

SHANNON, C.J., and SMITH and WHITE, JJ., concur.


Summaries of

Martin v. Green

District Court of Appeal of Florida, Second District
Nov 10, 1961
134 So. 2d 268 (Fla. Dist. Ct. App. 1961)
Case details for

Martin v. Green

Case Details

Full title:F.J. MARTIN, D/B/A MARTIN'S GROCERY, APPELLANT, v. RAY E. GREEN…

Court:District Court of Appeal of Florida, Second District

Date published: Nov 10, 1961

Citations

134 So. 2d 268 (Fla. Dist. Ct. App. 1961)