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Schmotzer v. Poisson

District Court of Appeal of Florida, Fourth District
Apr 7, 1977
345 So. 2d 769 (Fla. Dist. Ct. App. 1977)

Opinion

No. 77-55.

April 7, 1977.

Interlocutory appeal from Circuit Court, Palm Beach County; Culver Smith, Judge.

Paty, Downey, Lewis, Eaton, Fick Martin, Palm Beach, for appellants.

Allan V. Everard, Riviera Beach, for City of Riviera Beach.


The Appellants, by interlocutory appeal under Fla.App. Rule 4.2, seek review of an Order denying intervention below. The Order says "the motion to intervene of various persons filed October 27, 1976 is hereby denied." Only the Order is before us so we shall assume jurisdiction under our authority under Fla.App. Rule 4.2 as an interlocutory appeal since the briefs agree the original action was one sounding in equity.

But after assuming jurisdiction we have no choice but to affirm since no other record or essential pleadings are before us. Pierson v. Sharp, 283 So.2d 880 (Fla. 4th DCA 1973). Johnson v. Town of Eatonville, 203 So.2d 664 (Fla. 4th DCA 1967). Also see Fla.App. Rule 4.2 and Fla.App. Rule 4.5.

AFFIRMED.

MAGER, C.J., and ALDERMAN, J., concur.


Summaries of

Schmotzer v. Poisson

District Court of Appeal of Florida, Fourth District
Apr 7, 1977
345 So. 2d 769 (Fla. Dist. Ct. App. 1977)
Case details for

Schmotzer v. Poisson

Case Details

Full title:HARVEY J. SCHMOTZER ET AL., APPELLANTS, v. ARTHUR J. POISSON, ETC., AND…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 7, 1977

Citations

345 So. 2d 769 (Fla. Dist. Ct. App. 1977)

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