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146 So. 2d 784

Jones v. Wilson

District Court of Appeal of Florida

Decided October 12, 1962

District Court of Appeal of Florida · decided 1962-10-12

Cited by 2 later decisions — most recently April 1969

2 state decisions

Relies on 110 So. 2d 73 - McNary v. Hudson · Taborsky v. Mathews

Good law ✅— No negative treatment on recordhow we know

Decided 1962-10-12

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PER CURIAM.

¶1The appellants, defendants below,, seek reversal by interlocutory appeal of an order setting aside on .rehearing a summary final decree previously entered for said defendants. We are not authorized to review the order appealed. In order to determine the correctness of the order on the petition for rehearing, this court would be required' to consider the final decree and the record' on which it was predicated. We have previously held that this cannot be done. See Taborsky v. Mathews, Fla.App.1962, 137 So.2d 880; McNary v. Hudson, Fla.App.1959, 110 So.2d 73.

¶2The decree sought to be appealed is neither a final decree nor an appealable interlocutory order. This appeal accordingly is dismissed ex mero motu.

KANNER, Acting C. J., and WHITE and SMITH, JJ., concur.
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