Florida District Courts of Appeal, 1985

Chrispen v. Hertz Penske Truck Leasing, Inc.

Chrispen v. Hertz Penske Truck Leasing, Inc.
Florida District Courts of Appeal · Decided November 13, 1985 · Downey, Glickstein, Walden
478 So. 2d 120; 10 Fla. L. Weekly 2527; 1985 Fla. App. LEXIS 16751 (Southern Reporter, Second Series)

Chrispen v. Hertz Penske Truck Leasing, Inc.

Opinion of the Court

PER CURIAM.

Appellant has filed a plenary appeal from two orders of the circuit court: 1) granting partial summary judgment eliminating several damage claims and determining the only viable claim remaining was for property damage not exceeding $865 and 2) transferring the cause to the county court.

Neither order is a final appealable order nor is either subject to appeal as a nonfinal order. However, since the partial summary judgment cannot be reviewed on plenary appeal from the final judgment in the county court, we shall treat the appeal as a petition for writ of common law certiorari. Having so considered the matter, the petition is denied.

DOWNEY, GLICKSTEIN and WALDEN, JJ., concur.

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