Florida District Courts of Appeal, 1981

Gallo v. Esser

Gallo v. Esser
Florida District Courts of Appeal · Decided December 30, 1981 · Cowart, Orfinger, Sharp
407 So. 2d 1062; 1981 Fla. App. LEXIS 22073 (Southern Reporter, Second Series)

Gallo v. Esser

Opinion of the Court

ORFINGER, Judge.

In this interpleader action, and pursuant to Florida Rule of Civil Procedure 1.420(b), the trial court dismissed appellant’s amended cross-claim and counterclaim, for willful failure to comply with a previous order of the court. Appellant’s answer to appellee’s cross-claim was not affected. Since both appellant and appellee are the defendants in this interpleader action, and one or the other of them will prevail, the dismissal of appellant’s cross-claim and counterclaim is not dispositive of the issue of which of them is entitled to the interpleaded funds. Thus the order is non-final and non-appealable. North Indialantic Homeowners Association v. Bogue, 390 So.2d 74 (Fla. 1980).

The appeal is dismissed.

SHARP and COWART, JJ., concur.

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