113 So. 2d 419 | Fla. Dist. Ct. App. | 1959
This interlocutory appeal is from an order of the trial court in an action at law, the pertinent portions of which read as follows:
“This cause coming before the Court on defendant’s motion to dismiss and on plaintiff’s motion to tax costs for failure of the defendants to appear at the taking of deposition, the matter having been duly considered, the Court will not at this time place any penalty against the defendants for failing to appear to take deposition in that there was a notice, though improper, mailed to opposing counsel, it is thereupon
“Ordered that the motion to dismiss is hereby denied as to count One of the complaint, and granted as to count Two of the complaint, and the plain*420 tiff shall have 10 days in which to further plead.”
The Constitution of this State
The order appealed from is neither a final judgment at law nor is it an order at common law relating to venue or jurisdiction over the person; hence this court has no jurisdiction of this cause and this appeal is hereby dismissed ex mero motu.
Appeal dismissed.
.Article B, Section 5(3), F.S.A.
. Florida Appellate Rule 4.2 subd. a, 31 F.S.A.