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Phillips v. Albertson's Inc.

District Court of Appeal of Florida, Second District
Jul 17, 1985
472 So. 2d 513 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-2737.

June 14, 1985. Rehearing Denied July 17, 1985.

Appeal from the Circuit Court, Manatee County, Richard H. Bailey, J.

Howard M. Bernstein of Schultz and Walsh, P.A., Bradenton, for appellant.

Jeffrey R. Fuller of Williams, Brasfield, Wertz, Fuller Lamb, P.A., St. Petersburg, for appellee.


Wiley Phillips, a deliveryman for Sarasota Coca-Cola Bottling Company, sued Albertson's, Inc. for injuries he sustained when he lost physical control of a delivery cart loaded with Coca-Cola. After a trial, the jury found for Albertson's, but no final judgment was entered. Phillips' motion for a new trial was denied. Phillips filed a notice of appeal from the written order denying his motion for a new trial and a written final judgment limited to taxing court costs against him.

In his brief Phillips alleges no error in the cost judgment. Therefore, the cost judgment is affirmed.

Phillips alleges error in an evidentiary ruling at trial. This court lacks jurisdiction to review nonwritten orders of a trial court. Florida Rules of Appellate Procedure 9.110(b); 9.020(g). Because no final judgment was entered, the order denying Phillips' motion for a new trial is not appealable. Beck v. Hotchkiss, 75 So.2d 289 (Fla. 1954). Accordingly, Phillips' appeal from the order denying his motion for a new trial is dismissed.

Affirmed in part; dismissed in part.

OTT and FRANK, JJ., concur.


Summaries of

Phillips v. Albertson's Inc.

District Court of Appeal of Florida, Second District
Jul 17, 1985
472 So. 2d 513 (Fla. Dist. Ct. App. 1985)
Case details for

Phillips v. Albertson's Inc.

Case Details

Full title:WILEY PHILLIPS, APPELLANT, v. ALBERTSON'S, INC., APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jul 17, 1985

Citations

472 So. 2d 513 (Fla. Dist. Ct. App. 1985)

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