WALTER WYATT, APPELLANT,
v.
NATIONAL BANK OF COMMERCE AND KEVIN GAY FAMILY LLC, APPELLEE
WALTER WYATT, APPELLANT,
NATIONAL BANK OF COMMERCE AND KEVIN GAY FAMILY LLC, APPELLEE
859 So. 2d 629
Florida District Court of Appeal, First District (2003)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The appellant bought this appeal seeking review of an order that granted a motion for summary judgment. However, because the order on appeal did not enter judgment, the order is not final and this Court lacks appellate jurisdiction to review it. Cf. McQuaig v. Wal-Mart Stores, Inc., 789 So. 2d 1215 (Fla. 1st DCA 2001). See generally Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995). As the appellant concedes that the instant order is not appealable, the appeal is hereby DISMISSED. This dismissal is without prejudice to the appellant’s right to file a timely notice of appeal once a final order has been entered.
VAN NORTWICK, PADOVANO and HAWKES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wrinkle v. Cooper, 885 So. 2d 957 (Fla. 1st DCA 2004)…s determined that the appeal should be dismissed for lack of jurisdiction. With regard to the May 5, 2003, Final Declaratory Judgment, this Court dismissed a previous appeal of the same order by Wrinkle for lack of standing. See Wrinkle v. Cooper, 859 So. 2d 629 (Fla. 1st DCA 2003). This second appeal is barred by the doctrine of law of the case. See Parker Family Trust I v. City of Jacksonville, 804 So. 2d 493 (Fla. 1st DCA 2001) (holding that the doctrine of law of the case requires that questions of law…
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Dempsey v. Russell, 923 So. 2d 1249 (Fla. 1st DCA 2006)…tain counts of the complaint but denied the motion as to another count. The order did not enter judgment on the motion and is not an appealable order. Dixon v. Allstate Ins. Co., 609 So. 2d 71 (Fla. 1st DCA 1992); Wyatt v. National Bank of Commerce, 859 So. 2d 629 (Fla. 1st DCA 2003). Further, it is not clear whether the order on appeal would be appealable as a partial final judgment even had it entered judgment because it is not clear that it disposed of a separate and distinct cause of action. Odham v. Moua…
Authorities Cited
- Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995)
- McQUAIG v. Wal-Mart Stores, Inc., 789 So. 2d 1215 (Fla. 1st DCA 2001)