FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D2023-1685
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KARL W. LEO and FAY L. LEO,
Appellants,
v.
SHELLEY D. GREGORY,
Appellee.
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On appeal from the Circuit Court for Escambia County.
Jennifer J. Frydrychowicz, Judge.
December 6, 2023
PER CURIAM.
The Court dismisses this appeal because the order sought to
be reviewed does not constitute a final judgment. See Fla. R. App.
P. 9.110(l) (“Except as provided in rule 9.020(h), if a notice of
appeal is filed before rendition of a final order, the appeal shall be
subject to dismissal as premature.”). The order disposes of the
motions for final summary judgment but fails to enter a final
judgment declaring the rights or obligations of the parties. See §
86.011, Fla. Stat. (2023) (stating that the circuit court may “declare
rights, status, and other equitable or legal relations whether or not
further relief is or could be claimed,” and “[t]he court’s declaration
may be either affirmative or negative in form and effect and such
declaration has the force and effect of a final judgment”). Dismissal
is thus appropriate. See Dockery v. Hood,
889 So. 2d 221, 222 (Fla.
1st DCA 2004) (dismissing an order titled, “Final Declaratory
Judgment,” because it merely granted a motion for summary
judgment and was nonfinal).
ROBERTS, KELSEY, and TANENBAUM, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Megan F. Fry of Clark Partington, Pensacola; Bailey Howard and
Trevor A. Thompson of Clark Partington, Tallahassee, for
Appellants.
No appearance for Appellee.
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