Stevens v. Metropolitan Dade County

Florida District Courts of Appeal
Stevens v. Metropolitan Dade County, 164 So. 2d 273 (1964)
1964 Fla. App. LEXIS 4280
Barkdull, Hendry, Pearson

Stevens v. Metropolitan Dade County

Opinion of the Court

PER CURIAM.

This appeal was filed on January 31, 1964, and directed to an order recorded the 11th day of December, 1963. The appellee has moved to dismiss the appeal upon the ground that the order was not a final decree but was in fact an order denying reconsideration.

We have examined the supplemental record submitted and find that the cause was terminated on the 5th day of April, 1963, by an order which provided that defendant’s motion to dismiss the complaint was granted and that if no amended complaint was filed within fifteen days “this cause shall stand dismissed with prejudice to the plaintiff.” Therefore, this appeal is dismissed upon the rule stated in Brenner v. Gelernter, Fla.1956, 90 So.2d 306; Womack v. Goldberg, Fla.App.1960, 117 So.2d 758; Kaemmerlen v. Shannon, Fla.App.1960, 119 So.2d 315.

It is so ordered.

Reference

Full Case Name
Bernard STEVENS v. METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida
Cited By
2 cases
Status
Published