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148 So. 2d 538

Docket No. 62-648.

Shotkin v. Deehl

Bernard M. SHOTKIN, Appellant, v. Robert M. DEEHL, Appellee.

District Court of Appeal of Florida

Decided January 8, 1963.

Rehearing Denied January 28, 1963.

District Court of Appeal of Florida · decided 1963-01-08

Relies on Baker v. Colley · Pan American Surety Company v. Jefferson Construction Company

Good law ✅— No negative treatment on recordhow we know

Decided 1963-01-08

How this case has been cited

Cited by 11 later decisions — most recently May 1987

11 state decisions

50196319701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*539 Bernard M. Shotkin, in pro. per.

¶2Charles H. Wakeman, Jr., Miami, for appellee.

¶3Before PEARSON, TILLMAN, C.J., and CARROLL and HORTON, JJ.

¶4PER CURIAM.

¶5By order of the court and upon the appellee's motion to quash and the appellant's motion for constitutional stay, oral argument of the respective parties was heard.

¶6The instant appeal was from an order granting a motion to dismiss. The form of the order, which merely granted the motion, renders it non-appealable. Baker v. Colley, Fla.App. 1958, 104 So.2d 473. Moreover, an examination of the record and the order appealed discloses that the appellant is attempting to join third party defendants in support of a claim not germane to nor growing out of the plaintiff's action. This constitutes third party practice and is not permitted by the Florida Rules of Civil Procedure. See Pan American Surety Co. v. Jefferson Construction Co., Fla.App. 1958, 99 So.2d 726. Cf. Rule 14, Federal Rules of Civil Procedure.

¶7The motion for stay is accordingly denied and the appeal is dismissed.

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