Gause v. First Bank of Marianna

Florida District Courts of Appeal
Gause v. First Bank of Marianna, 442 So. 2d 1062 (1983)
1983 Fla. App. LEXIS 25212
Booth, Ervin, Mer, Zeh

Gause v. First Bank of Marianna

Opinion of the Court

PER CURIAM.

Appellant, counterplaintiff below, appeals a “judgment” granting appel-lee/counterdefendant’s motion for summary judgment as to a three-count counterclaim. The decretal portion of the trial court’s “judgment” reads:

ORDERED, ADJUDGED and DECREED, that Counter-defendant’s Motion for Summary Judgment is hereby granted.

This order is merely authorization for entry of a final judgment; it does not, in and of itself, constitute an appealable final judgment. Shupack v. Allstate Insurance Co., 356 So.2d 1298 (Fla. 3d DCA 1978). Additionally, it appears from a review of the record that appellee’s motion for summary judgment applies only to Count I of appellant’s three-count counterclaim. Because all three of the counts in the counterclaim are interrelated and arise out of the same transaction, a final judgment as to only one count is a nonappeala-ble interlocutory order. Mendez v. West Flagler Family Association, Inc., 303 So.2d 1 (Fla. 1974); McClain Construction Corp. v. C.S. Roberts, 351 So.2d 399 (Fla. 2d DCA 1977).

APPEAL DISMISSED.

ERVIN, C.J., and BOOTH and ZEH-MER, JJ., concur.

Reference

Full Case Name
Iris GAUSE v. FIRST BANK OF MARIANNA
Cited By
3 cases
Status
Published