Opinion
No. 71-207.
July 2, 1971.
Appeal from the Circuit Court for Lee County, Thomas W. Shands, J.
George O. Kluttz, of Alderman, Johnston Kluttz, Fort Myers, for appellant.
William H. Shields and William T. Haverfield, of Pavese, Shields Garner, Fort Myers, for appellee, Judith K. Hayden.
ON MOTION TO DISMISS
The order appealed from is not final as to these parties. It is therefore not appealable until after final judgment. There is no provision in F.A.R. 4.2, 32 F.S.A., for interlocutory review of a "final" summary judgment on a counterclaim while the main claim between the parties is pending. The motion to dismiss is granted without prejudice to the right of appeal from final judgment. See Midstate Hauling Co. v. Liberty Mutual Insurance Co., Fla.App. 4th 1966, 189 So.2d 826.
PIERCE, C.J., and LILES, J., concur.