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178 So. 2d 732

Docket No. 5334.

Arnold v. Brady

Zora Mae ARNOLD, Appellant, v. Louis R. BRADY, M.D., Appellee.

District Court of Appeal of Florida

Decided October 6, 1965.

District Court of Appeal of Florida · decided 1965-10-06

Cited by 11 later decisions — most recently May 1979

11 state decisions

Key passage — most relied on by later courts

“"Ordered and adjudged that the motion for summary judgment be, and the same is hereby granted."”

quoted by 1 later decision, including Shupack v. Allstate Insurance Co.

Relies on Baker v. Colley · Shotkin v. Deehl

Good law ✅— No negative treatment on recordhow we know

Decided 1965-10-06

View the full empirical analysis of this case →

¶1Roy Christopher, Mount Dora, for appellant.

¶2Leon H. Handley, of Gurney, Gurney & Handley, Orlando, for appellee.

¶3PER CURIAM.

¶4Appellant, plaintiff below, appeals from an order entered in an action at law granting defendant-appellee's Motion for Summary Judgment.

¶5The order appealed from is as follows:

"This cause coming on to be heard upon Defendant's Motion for Summary Judgment and the Court having heard argument of counsel for Plaintiff and counsel for Defendant and being otherwise fully advised in the premises, it is thereupon, upon consideration thereof,
"CONSIDERED, ORDERED AND ADJUDGED that Defendant's Motion for Summary Judgment be and the same is hereby granted."

¶6While the point was not raised, we are of the opinion that the foregoing order *733 is not a "final" decision, order or judgment, within the provisions of Florida Appellate Rule 3.2(b), 31 F.S.A. We have no jurisdiction, therefore, to determine the merits of the points on appeal, and the appeal, ex mero motu, is dismissed. See Baker v. Colley, Fla.App. 1958, 104 So.2d 473; and Shotkin v. Deehl, Fla.App. 1963, 148 So.2d 538.

¶7ALLEN, C.J., SMITH, J., and McNULTY, JOSEPH P., Associate Judge, concur.

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