Summary
dismissing appeal from order merely granting a motion for summary judgment where order could not be considered appealable pursuant to rule 9.130(C)
Summary of this case from Mathews v. UrezzioOpinion
No. 1D00-0323.
Opinion filed May 26, 2000.
An appeal from the Circuit Court for Taylor County, James Roy Bean, Judge.
R. Frank Myers of Messer, Caparello and Self, Tallahassee, for Appellant.
Benjamin D. Rust, Tallahassee, and Patrice A. Talisman of Hersch and Talisman, Miami, for Appellees.
Having considered appellant's response to the show cause order dated February 3, 2000, we dismiss this appeal for lack of jurisdiction. Because the Final Summary Judgment of which appellant seeks review merely grants a motion and does not actually determine liability, the order is not appealable pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). See Knight v. Nelson, 574 So.2d 1124, 1125 (Fla. 4th DCA 1991). And the Order on Plaintiff's Motion for Attorney's Fees and Costs is also not an appealable order. See Winkelman v. Toll, 632 So.2d 130 (Fla. 4th DCA 1994).
DISMISSED.
JOANOS, ALLEN and KAHN, JJ., CONCUR.