146 So. 2d 784 | Fla. Dist. Ct. App. | 1962
Rehearing
ON PETITION FOR REPIEARING
PER CURIAM.
We have heretofore dismissed this appeal on the ground that the decree sought to be reviewed was not appealable. In a petition for rehearing the appellants submit that the holding in McKell v. Jackson, 1933, 107 Fla. 668, 145 So. 418, authorizes the appeal.
Petition denied.
KANNER, Acting C. J., WHITE and SMITH, JJ., concur.
. As it existed in March 1962 when the instant notice of appeal was filed.
Lead Opinion
The appellants, defendants below,, seek reversal by interlocutory appeal of an order setting aside on .rehearing a summary final decree previously entered for said defendants. We are not authorized to review the order appealed. In order to determine the correctness of the order on the petition for rehearing, this court would be required' to consider the final decree and the record' on which it was predicated. We have previously held that this cannot be done. See Taborsky v. Mathews, Fla.App.1962, 137 So.2d 880; McNary v. Hudson, Fla.App.1959, 110 So.2d 73.
The decree sought to be appealed is neither a final decree nor an appealable interlocutory order. This appeal accordingly is dismissed ex mero motu.