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Newmeyer v. Southeast Mortgage Co.

Citations: 546 So. 2d 1060; 14 Fla. L. Weekly 512; 1989 Fla. App. LEXIS 813Docket: No. 88-2639

Court: District Court of Appeal of Florida; February 20, 1989; Florida; State Appellate Court

Narrative Opinion Summary

The appeal is dismissed because the order under review grants summary judgment but does not constitute a final judgment. Cited precedents include Shupack v. Allstate Ins. Co., Bailey v. Allstate Ins. Co., and Renard v. Kirkeby Hotels, which affirm the dismissive stance on non-final judgments. Additionally, references to Florida Rules of Civil Procedure and McCready v. Villas Apartments support the decision regarding the appeal's viability.

Legal Issues Addressed

Application of Florida Rules of Civil Procedure

Application: References to procedural rules were used to support the decision regarding the non-appealability of the order.

Reasoning: Additionally, references to Florida Rules of Civil Procedure and McCready v. Villas Apartments support the decision regarding the appeal's viability.

Finality of Judgments for Appeal

Application: The court dismissed the appeal because the order granting summary judgment is not a final judgment, and thus not appealable.

Reasoning: The appeal is dismissed because the order under review grants summary judgment but does not constitute a final judgment.

Precedent on Non-Final Judgments

Application: The decision to dismiss the appeal is supported by precedents which consistently affirm the non-appealability of non-final judgments.

Reasoning: Cited precedents include Shupack v. Allstate Ins. Co., Bailey v. Allstate Ins. Co., and Renard v. Kirkeby Hotels, which affirm the dismissive stance on non-final judgments.