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442 So. 2d 1084

Docket No. 83-2686.

Phillips v. Ostrer

William PHILLIPS, et al., Appellants, v. Louis C. OSTRER, et al., Appellees.

District Court of Appeal of Florida

Decided December 20, 1983.

Rehearing Denied January 20, 1984.

District Court of Appeal of Florida · decided 1983-12-20

Relies on 388 So. 2d 1281 - Gries Inv. Co. v. Chelton · Let's Help Florida v. DHS Films, Inc. · 170 So. 2d 75 - Schneider v. Manheimer

Good law ✅— No negative treatment on recordhow we know

Decided 1983-12-20

How this case has been cited

Cited by 11 later decisions — most recently February 2005

11 state decisions

50198319902000decided

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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¶1Kurzban, Kurzban & Weinger and Steven M. Weinger, Miami, for appellants.

¶2Truett & Watkins and Harold Heller, Miami, for appellee John Nord.

¶3Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.

¶4

On Motion to Dismiss Appeal as to Appellee Nord

¶5SCHWARTZ, Chief Judge.

¶6After a jury trial, judgment was entered on May 4, 1983 for the defendant Nord, but against the other co-defendants in the action. While those defendants filed timely post-trial motions, neither the plaintiffs nor, of course, Nord himself challenged the judgment in his favor. On November 10, 1983, the plaintiffs filed this appeal from an October 15, 1983 order granting the co-defendants' motions in part; the notice of appeal also stated that it sought review of the final judgment for Nord. He has now moved to dismiss the appeal as to him as untimely filed. We grant the motion.

¶7There is no doubt that an order or judgment such as that entered for Nord on May 4, 1983, which disposes of a cause with respect to a single party is final and appealable even if the action remains pending against others. Let's Help Florida v. DHS Films, Inc.,392 So.2d 915 (Fla. 3d DCA 1980); Gries Investment Co. v. Chelton,388 So.2d 1281 (Fla. 3d DCA 1980); Schneider v. Manheimer,170 So.2d 75 (Fla. 3d DCA 1964). It follows that while the other parties' post-trial motions clearly suspended the rendition and finality of the judgments against them under Fla.R. App.P. 9.020(g), they had no such effect upon the separate judgment for Nord which remained entirely undisturbed until the notice of appeal was filed more than six months after its entry.

¶8Motion granted.

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