SHELBY BURCH AND MARGARET MILSTEAD-BURCH
v.
CHERYL M. DAVIS AND TRAVIS G. DAVIS

Fla. 1st DCA | 2018-05-10
No. 18-1191
242 So. 3d 530 Florida District Court of Appeal, First District (2018)

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Holding

An appellate court should dismiss an appeal rather than retain jurisdiction when an indeterminate amount of judicial work remains to be completed at the trial court level before a final appealable order can be entered.


Headnotes

[1] An appellate court should dismiss an appeal rather than retain jurisdiction when an indeterminate amount of judicial work remains to be completed at the trial court level…

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Key Quotes

“dismissing appeal rather than allowing lower court to enter a final order where an indeterminate amount of judicial labor remained to be done before a final order could be entered”

Court's reasoning for dismissal, citing Demont v. Demont, 24 So. 3d 699 (Fla. 1st DCA 2009)

Facts & Procedural History

Shelby Burch and Margaret Milstead-Burch appealed a Circuit Court decision in Okaloosa County. The appellate court had issued a March 27, 2018 order, …

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Opinion of the Court

DISMISSED. The Court declines to relinquish jurisdiction as requested by the Appellant in the response to the Court’s March 27, 2018, order. See Demont v. Demont, 24 So. 3d 699 (Fla. 1st DCA 2009) (dismissing appeal rather than allowing lower court to enter a final order where an indeterminate amount of judicial labor remained to be done before a final order could be entered). WETHERELL, ROWE, and WINOKUR, JJ., concur.

2

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.


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