Shotkin v. Deehl
Cases that cite this one
11 later published cases cite this decision.
- Washington SEC. Co. v. Tracy's Plumbing & Pumps, Inc. (Fla. Dist. Ct. App. 1964)
- Fisher v. NCNB National Bank (Fla. Dist. Ct. App. 1987)
- Piper Aircraft Co. v. Whyham (Fla. Dist. Ct. App. 1984)
- Gries Inv. Co. v. Chelton (Fla. Dist. Ct. App. 1980)
- Donnell v. Industrial Fire and Casualty Co. (Fla. Dist. Ct. App. 1980)
- Kozusnik v. Selkowitz (Fla. Dist. Ct. App. 1980)
- Armstrong Contracting & Supply Corp. v. Aerospace Industries, Inc. (Fla. Dist. Ct. App. 1971)
- Raphael v. Carner (Fla. Dist. Ct. App. 1967)
- Arnold v. Brady (Fla. Dist. Ct. App. 1965)
- Paulson v. Faas (Fla. Dist. Ct. App. 1965)
- Cicero ex rel. Cicero v. Paradis (Fla. Dist. Ct. App. 1964)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Bernard M. SHOTKIN, Appellant,
v.
Robert M. DEEHL, Appellee.
District Court of Appeal of Florida. Third District.
*539 Bernard M. Shotkin, in pro. per.
Charles H. Wakeman, Jr., Miami, for appellee.
Before PEARSON, TILLMAN, C.J., and CARROLL and HORTON, JJ.
PER CURIAM.
By order of the court and upon the appellee's motion to quash and the appellant's motion for constitutional stay, oral argument of the respective parties was heard.
The instant appeal was from an order granting a motion to dismiss. The form of the order, which merely granted the motion, renders it non-appealable. Baker v. Colley, Fla.App. 1958, 104 So.2d 473. Moreover, an examination of the record and the order appealed discloses that the appellant is attempting to join third party defendants in support of a claim not germane to nor growing out of the plaintiff's action. This constitutes third party practice and is not permitted by the Florida Rules of Civil Procedure. See Pan American Surety Co. v. Jefferson Construction Co., Fla.App. 1958, 99 So.2d 726. Cf. Rule 14, Federal Rules of Civil Procedure.
The motion for stay is accordingly denied and the appeal is dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.