BEATRICE HARRISON, ON BEHALF OF HERSELF ETC.
v.
LEE AUTO HOLDINGS INC., D/B/A LEE BUICK ETC. ET AL.

Fla. 1st DCA | 2018-01-22
No. 17-4386
Ketchel, J., Roberts, J., Bilbrey, J., Kelsey, J.
233 So. 3d 1289 Florida District Court of Appeal, First District (2018)

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Holding

An order on a motion for summary judgment that is neither final nor appealable under Florida Rule of Appellate Procedure 9.130 does not confer appellate jurisdiction.


Headnotes

[1] An order on a motion for summary judgment that is neither final nor appealable under Florida Rule of Appellate Procedure 9.130 does not confer jurisdiction on an appellat…

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Facts & Procedural History

Beatrice Harrison filed a class action lawsuit against Lee Auto Holdings Inc. and related entities. The trial court issued an order on a motion for su…

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Opinion of the Court
Kelsey

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-4386 _____________________________

BEATRICE HARRISON, on behalf of herself and all others similarly situated,

Appellant,

v.

LEE AUTO HOLDINGS INC., d/b/a LEE BUICK GMC, and LEE NISSAN,

Appellee. ___________________________

On appeal from the Circuit Court for Okaloosa County. Terrance R. Ketchel, Judge.

January 22, 2018

PER CURIAM.

The Court having determined that the Order on Motion for Summary Judgment is neither a final order, nor a non-final order appealable pursuant to Florida Rule of Appellate Procedure 9.130, this appeal is dismissed for lack of jurisdiction. Appellant’s motion and amended motion to relinquish jurisdiction are denied as moot.

ROBERTS, BILBREY, and KELSEY, JJ., concur.

2

_____________________________

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

William C. Bielecky, Tallahassee, for Appellant.

M. Stephen Turner and Joshua P. Brian of Broad and Cassel

LLP, Tallahassee, for Appellee.


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