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Morrell v. National Health Investors

District Court of Appeal of Florida, First District
Jun 3, 2004
876 So. 2d 580 (Fla. Dist. Ct. App. 2004)

Summary

dismissing the appeal because a non-party to the proceedings below may not participate in appellate review

Summary of this case from Coleman v. Attorney Gen. of Fla.

Opinion

Case No. 1D04-0945.

Opinion filed June 3, 2004.

An appeal from an order of the Circuit Court for Levy County, Maurice V. Giunta, Judge.

David E. Morrell, pro se, appellant.

Karen K. Specie of Scruggs Carmichael, P.A., Gainesville, for appellees.


Appellees' motion to dismiss, filed April 5, 2004, is granted. This appeal is hereby dismissed. Appellate review is limited to the parties in the lower tribunal. See Penabad v. A.G. Gladstone Associates, Inc., 823 So.2d 146 (Fla. 3d DCA 2002). As David E. Morrell was not a party to the proceedings below, he cannot participate in appellate review.

DISMISSED.

BOOTH, POLSTON and HAWKES, JJ., concur.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED.


Summaries of

Morrell v. National Health Investors

District Court of Appeal of Florida, First District
Jun 3, 2004
876 So. 2d 580 (Fla. Dist. Ct. App. 2004)

dismissing the appeal because a non-party to the proceedings below may not participate in appellate review

Summary of this case from Coleman v. Attorney Gen. of Fla.

dismissing appeal as person filing appeal “was not a party to the proceedings below” and, therefore, “cannot participate in appellate review”

Summary of this case from Portfolio Investments Corp. v. Deutsche Bank Nat'l Trust Co.
Case details for

Morrell v. National Health Investors

Case Details

Full title:DAVID E. MORRELL, Appellant, v. NATIONAL HEALTH INVESTORS, INC., a…

Court:District Court of Appeal of Florida, First District

Date published: Jun 3, 2004

Citations

876 So. 2d 580 (Fla. Dist. Ct. App. 2004)

Citing Cases

Portfolio Investments Corp. v. Deutsche Bank Nat'l Trust Co.

Generally, a non-party in the lower tribunal is a “stranger to the record” and, therefore, lacks standing to…

Coleman v. Attorney Gen. of Fla.

This appeal is dismissed for lack of jurisdiction. See Morrell v. Nat'l Health Investors, Inc., 876 So.2d…