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eBook details

• Title: State Florida Ex Rel. v. Honorable Page Haddock
• Author : Supreme Court of Florida
• Release Date : January 05, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

We are called upon to determine the finality of the order which is the subject of this appeal. Essential facts are: Plaintiff Eileen G. Servos instituted this suit at law against all of the parties in this appeal. Appellant (Defendant) Leeward & Hart Aeronautical Corporation filed a cross claim against some of its co-defendants, namely, Appellees South Central Airlines, Inc., Airline Training, Inc., Conrad International Corporation and William H. Conrad, by which it sought indemnification - in the event Appellant suffered a judgment - on the theory that the negligence of the Appellees is primary, active and affirmative, while Appellants negligence, if any, is secondary, passive or negative. The trial judge dismissed Appellants cross claim with prejudice, and it is from said order that Appellant is trying to perfect this appeal. Appellees South Central Airlines, Inc., Airline Training, Inc., and William H. Conrad, filed the instant motion to dismiss upon the grounds that the subject order is not appealable within the purview of Rule 4.2, Florida Appellate Rules, 31 F.S.A. relating to interlocutory appeals, and that Appellant has failed to comply with the provisions of the rule. By their brief, Appellees argue: (1) the judicial labor has not been completed, and (2) since the order appealed has not been recorded according to Section 28.29(1), Florida Statutes, F.S.A., it has not been rendered. We quickly dispose of the second point by noting that the cited statute was not intended to define "rendition" as construed by the appellate courts for the purposes of appeal.

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