Public-domain · open source
OpenJurist

511 So. 2d 740

511 So.2d 740

12 Fla.L.Weekly 2080

Pace v. Perry

District Court of Appeal of Florida

Decided August 27, 1987

District Court of Appeal of Florida · decided 1987-08-27

Cited by 13 later decisions — most recently November 2008

13 state decisions

Relies on 304 So. 2d 97 - SLT Warehouse Company v. Webb · 399 So. 2d 427 - Fetters v. United States Fire Ins. Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1987-08-27

View the full empirical analysis of this case →

ORFINGER, Judge.

¶1The appellee, as plaintiff, filed an action in equity to set aside a money judgment entered against him several years earlier, alleging that service of process had been insufficient to vest the court with in per-sonam jurisdiction. Along with his answer to that complaint, the appellant filed a counterclaim seeking the identical relief which had been sought in the earlier litigation. In the partial summary judgment which is appealed, the trial court set aside the earlier judgment, leaving the counterclaim for adjudication. Thus, the partial summary judgment is a non-final, non-ap-pealable order, interrelated with the counterclaim that remains for adjudication, which seeks the identical relief afforded appellant in the earlier vacated judgment. See S.L.T. Warehouse Company v. Webb, 304 So.2d 97 (Fla.1974); Fetters v. United States Fire Insurance Company, 399 So.2d 427 (Fla. 5th DCA 1981). The appeal is, therefore,

¶2DISMISSED.

DAUKSCH and COBB, JJ., concur.
/511/so2d/740 · .json · Public domain