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407 So. 2d 1062

Gallo v. Esser

District Court of Appeal of Florida

Decided December 30, 1981

District Court of Appeal of Florida · decided 1981-12-30

Relies on Winn-Dixie Stores, Inc. v. Codomo

Decided 1981-12-30

ORFINGER, Judge.

¶1In this interpleader action, and pursuant to Florida Rule of Civil Procedure 1.420(b), the trial court dismissed appellant’s amended cross-claim and counterclaim, for willful failure to comply with a previous order of the court. Appellant’s answer to appellee’s cross-claim was not affected. Since both appellant and appellee are the defendants in this interpleader action, and one or the other of them will prevail, the dismissal of appellant’s cross-claim and counterclaim is not dispositive of the issue of which of them is entitled to the interpleaded funds. Thus the order is non-final and non-appealable. North Indialantic Homeowners Association v. Bogue, 390 So.2d 74 (Fla.1980).

¶2The appeal is dismissed.

SHARP and COWART, JJ., concur.
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