O.A. WINBURN, JR., APPELLANT,
v.
CATHERINE DENISE WINBURN LEMINGS, APPELLEE
O.A. WINBURN, JR., APPELLANT,
CATHERINE DENISE WINBURN LEMINGS, APPELLEE
813 So. 2d 289
Florida District Court of Appeal, First District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Having considered the appellant’s response to the February 6, 2002, order to show cause, we dismiss this appeal as premature. The appellant sought review of a Judgment of Partition, which adjudicated the rights of the respective parties in the land sought to be partitioned and ordered partition, either by stipulation of the parties or by appointed commissioners. Such an order is not a final appealable order. See Camp Phosphate Co. v. Anderson, 48 Fla. 226, 37 So. 722, 725, 726 (1904).
BARFIELD, WOLF and DAVIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Morris v. Garcia, 185 So. 3d 678 (Fla. 3d DCA 2016)…ght of the property at issue is considered final when an order directs the sale of land “ ‘and the complainant is entitled to have such [verdict] carried immediately into execution’”) (emphasis added) (citation omitted); see also Winburn v. Lemings, 813 So. 2d 289 (Fla. 1st DCA 2002) (finding that a judgment ordering partition of land was “not a final appeal-able order”). The appellants argue to the contrary that the counterclaim seeking a non-exclusive perpetual easement over the property is a “distinct an…
Authorities Cited
- Camp Phosphate Co. v. Anderson, 48 Fla. 226 (Fla. 1904)
- Morrison v. Smolarick (Fla. 2d DCA 2022)