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Schutzer v. City of Miami

District Court of Appeal of Florida, Third District
Jan 16, 1958
99 So. 2d 729 (Fla. Dist. Ct. App. 1958)

Opinion

No. 57-343.

January 16, 1958.

Appeal from the Circuit Court for Dade County, George E. Holt, J.

Albion Greenfield, Miami, and Vivian Schaeffer Stadlan, Miami Beach, and Morton Rosenblum, Miami, for appellants.

James McVeigh, Asst. City Atty., Miami, for appellee.


The appeal in this cause is from a "final judgment" dated February 4, 1957, the material portion of which is as follows:

"Ordered and adjudged that the Defendant's Motion for Directed Verdict be hereby granted."

Although the appellee has not raised the question, the court sua sponte has determined that the "final judgment" sought to be reviewed is not a final decision from which appeal would lie under the provisions of Rule 3.2(b), Florida Appellate Rules. Until a final judgment is rendered that is subject to appeal pursuant to the aforementioned rule, there is nothing for this court to review. See Brannon v. Johnston, Fla. 1955, 83 So.2d 779. The appeal accordingly is dismissed.

Dismissed.

CARROLL, CHAS., C.J., and DREW E. HARRIS, A.J., concur.


Summaries of

Schutzer v. City of Miami

District Court of Appeal of Florida, Third District
Jan 16, 1958
99 So. 2d 729 (Fla. Dist. Ct. App. 1958)
Case details for

Schutzer v. City of Miami

Case Details

Full title:FANNIE SCHUTZER AND LOUIS SCHUTZER, APPELLANTS, v. THE CITY OF MIAMI, A…

Court:District Court of Appeal of Florida, Third District

Date published: Jan 16, 1958

Citations

99 So. 2d 729 (Fla. Dist. Ct. App. 1958)

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