McLEAN v. PLANT FRUIT COMPANY

No. 5312.

167 So.2d 332 (1964)

J.E. McLEAN, J.E. McLean, Jr., and J.E. McLean, III, co-partners, trading and doing business as J.E. McLean & Sons, Appellants, v. PLANT FRUIT COMPANY, a Florida corporation, Appellee.

District Court of Appeal of Florida. Second District.

September 23, 1964.


Attorney(s) appearing for the Case

John W. Boult, of Shackleford, Farrior, Stallings, Glos & Evans, Tampa, for appellants.

Marvin E. Barkin, of Fowler, White, Gillen, Humkey & Trenam, Tampa, for appellee.


PER CURIAM.

This matter is before the Court on the Motion of the appellee to dismiss.

After the filing of an amended complaint at law for damages for breach of contract, answer and counterclaim were filed. The Court entered a summary judgment dismissing the amended complaint, but left pending the counterclaim. Under such circumstances the judgment dismissing the complaint is a partial summary judgment and therefore interlocutory, and not appealable within...

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