Phillips v. Ostrer
Cases that cite this one
13 later published cases cite this decision.
- In re: Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report (Fla. 2021)
- In re: Amendments to the Florida Rules of Appellate Procedure - 2020 Regular-Cycle Report (Fla. 2020)
- Amendments to the Florida Rules of Appellate Procedure (Fla. 2005)
- Amendments to Florida Rules of Appellate Procedure (Fla. 2002)
- Amend. to Fla. Rules of Appellate Proc. (Fla. 2000)
- Coats v. Climatic Products Corp. (Fla. Dist. Ct. App. 2000)
- Miami Columbus, Inc. v. Ramlawi (Fla. Dist. Ct. App. 1997)
- Amend. to Fla. Rules of Appellate Proc. (Fla. 1996)
- Amend. to Fla. Rules of Appellate Proc. (Fla. 1996)
- In re Amendments to Florida Rules (Fla. 1992)
- Friedman v. Bankatlantic (Fla. Dist. Ct. App. 1992)
- Del Castillo v. Ralor Pharmacy, Inc. (Fla. Dist. Ct. App. 1987)
- Holton v. HJ Wilson Co., Inc. (Fla. 1986)
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
William PHILLIPS, et al., Appellants,
v.
Louis C. OSTRER, et al., Appellees.
District Court of Appeal of Florida, Third District.
Kurzban, Kurzban & Weinger and Steven M. Weinger, Miami, for appellants.
Truett & Watkins and Harold Heller, Miami, for appellee John Nord.
Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.
On Motion to Dismiss Appeal as to Appellee Nord
SCHWARTZ, Chief Judge.
After a jury trial, judgment was entered on May 4, 1983 for the defendant Nord, but against the other co-defendants in the action. While those defendants filed timely post-trial motions, neither the plaintiffs nor, of course, Nord himself challenged the judgment in his favor. On November 10, 1983, the plaintiffs filed this appeal from an October 15, 1983 order granting the co-defendants' motions in part; the notice of appeal also stated that it sought review of the final judgment for Nord. He has now moved to dismiss the appeal as to him as untimely filed. We grant the motion.
There is no doubt that an order or judgment such as that entered for Nord on May 4, 1983, which disposes of a cause with respect to a single party is final and appealable even if the action remains pending against others. Let's Help Florida v. DHS Films, Inc., 392 So.2d 915 (Fla. 3d DCA 1980); Gries Investment Co. v. Chelton, 388 So.2d 1281 (Fla. 3d DCA 1980); Schneider v. Manheimer, 170 So.2d 75 (Fla. 3d DCA 1964). It follows that while the other parties' post-trial motions clearly suspended the rendition and finality of the judgments against them under Fla.R. App.P. 9.020(g), they had no such effect upon the separate judgment for Nord which remained entirely undisturbed until the notice of appeal was filed more than six months after its entry.
Motion granted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.