GARY PEARLMAN
v.
MICHAEL BORGIA

Fla. 1st DCA | 2019-07-29
No. 19-1563
275 So. 3d 1282 Florida District Court of Appeal, First District (2019)

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Holding

An order merely granting a motion without language of finality does not constitute a final appealable judgment and renders an appeal premature.


Headnotes

[1] An order that merely grants a motion without language of finality does not constitute a final appealable judgment under Florida Rule of Appellate Procedure 9.110(l).

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Facts & Procedural History

Appellant filed an appeal challenging a trial court order that granted a motion. The order contained no language of finality.…

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Opinion of the Court

July 29, 2019 PER CURIAM.

Upon consideration of Appellant’s response to the Court’s order of June 19, 2019, the Court has determined that the order on appeal is not final and the appeal is premature because the order merely grants a motion and does not contain the requisite words of finality to make it an order entering a final appealable judgment. See Fla. R. App. P. 9.110(l); Hickox v. Taylor, 933 So. 2d 675 (Fla. 1st DCA 2006). Accordingly, the appeal is dismissed for lack of jurisdiction. Appellant’s request for clarification is denied.

LEWIS, KELSEY, and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Gary Pearlman, pro se, Appellant. No appearance for Appellee.


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