Florida District Courts of Appeal, 1990

Seldin v. Jupiter Cove Plaza, Ltd.

Seldin v. Jupiter Cove Plaza, Ltd.
Florida District Courts of Appeal · Decided November 28, 1990 · Anstead, Downey, Hersey
571 So. 2d 52; 1990 Fla. App. LEXIS 8970; 1990 WL 181845 (Southern Reporter, Second Series)

Seldin v. Jupiter Cove Plaza, Ltd.

Opinion of the Court

PER CURIAM.

This is an attempt to appeal a non-final order which denied a Motion to Strike from Trial Docket and for Leave of Court to Amend Defendant’s Complaint to Add a Counterclaim and to Implead Third Party Defendant. Appellant relies on rule 9.130(a)(3)(C)(iv), Florida Rules of Appellate Procedure to support his position that this court has jurisdiction in this matter. The subsection in question is to be strictly construed to apply only to orders that actually determine liability. Heritage Paper Co. v. Farah, 440 So.2d 389 (Fla. 1st DCA 1983). That is not the case here, nor does the order in question fall within any of the other classifications specified in rule 9.130(a)(3).

Thus, we are without jurisdiction and sua sponte dismiss this appeal.

APPEAL DISMISSED.

HERSEY, C.J., and DOWNEY and ANSTEAD, JJ., concur.

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