C.C. DOCKERY, AS A CITIZEN, TAXPAYER OF THE STATE OF FLORIDA AND INTENDED USER OF THE HIGH SPEED RAIL SYSTEM, APPELLANT,
v.
GLENDA E. HOOD, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE FLORIDA DEPARTMENT OF STATE, APPELLEE
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PER CURIAM.
Although the order sought to be reviewed is captioned as a “Final Declaratory Judgment,” it lacks the requisite words of finality to make it a final order. Instead, it merely grants a motion for summary judgment and is therefore non-final. The appeal is therefore dismissed for lack of jurisdiction. See Arcangeli v. Albertson’s, Inc., 550 So. 2d 557 (Fla. 5th DCA 1989); Monticello Insurance Co. v. Thompson, 743 So. 2d 1215 (Fla. 1st DCA 1999). This disposition is without prejudice to appellant’s right to appeal upon entry of a final judgment. The trial court, however, lacks jurisdiction to enter such a judgment until conclusion of the appeal of a non-final order denying injunctive relief in Dockery v. Hood, case number 1D04-3492. See Fla. R.App. P. 9.130(f).
DISMISSED.
WOLF, C.J., WEBSTER and HAWKE S, JJ., concur.
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Citator
Cited By
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Leo v. Gregory (Fla. 1st DCA 2023)
Authorities Cited
- Monticello Ins. Co. v. Thompson, 743 So. 2d 1215 (Fla. 1st DCA 1999)
- Kramer v. State, 550 So. 2d 557 (Fla. 5th DCA 1989)
- Arcangeli v. Albertson's, Inc., 550 So. 2d 557 (Fla. 5th DCA 1989)