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Montgomery v. Lambert

District Court of Appeal of Florida, Second District
Oct 10, 1984
456 So. 2d 1331 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-2302.

October 10, 1984.

Appeal from the Circuit Court, Pinellas County, Maynard F. Swanson, J.

McNulty, Moritz Dickey, Largo, and Joseph P. McNulty of Earle Earle, St. Petersburg, for appellants.

Howard P. Ross of Battaglia, Ross, Hastings, Dicus Andrews, St. Petersburg, for appellees.


Subsequent to our relinquishment of jurisdiction and prior to oral argument, the trial court reinstated the amended complaint which we find is related to the counterclaim herein. Thus, the order disposing of the counterclaim is no longer an appealable final order. See S.L.T. Warehouse Co. v. Webb, 304 So.2d 97 (Fla. 1974). Accordingly, this appeal is dismissed without prejudice to refile after a final judgment has been rendered.

HOBSON, A.C.J., and DANAHY and LEHAN, JJ., concur.


Summaries of

Montgomery v. Lambert

District Court of Appeal of Florida, Second District
Oct 10, 1984
456 So. 2d 1331 (Fla. Dist. Ct. App. 1984)
Case details for

Montgomery v. Lambert

Case Details

Full title:KENNETH MONTGOMERY, BARBARA MONTGOMERY AND GULF LEASING CORPORATION, A…

Court:District Court of Appeal of Florida, Second District

Date published: Oct 10, 1984

Citations

456 So. 2d 1331 (Fla. Dist. Ct. App. 1984)