Opinion
No. 2D12–3865.
2012-08-23
Isabel CAMPBELL, Appellant/Petitioner(s), v. John E. CAMPBELL, Appellee/Respondent(s).
BY ORDER OF THE COURT.
The appellee's motion to dismiss is granted. This appeal is dismissed as from a nonappealable nonfinal order. See Wilson v. Wilson, 906 So.2d 356 (Fla. 1st DCA 2005) (holding that “[a]n order dissolving the marriage but reserving jurisdiction over issues such as child support, child custody, alimony and/or property issues, is not final” and dismissing such an order as nonappealable); Dep't of Corrections v. Ratliff, 552 So.2d 302 (Fla. 2d DCA 1989) (ruling that because the order challenged by a rule 1.540(b) motion would not have been an appealable final order, the order resolving the motion was not an order pursuant to rule 1.540(b) and was therefore not appealable under Florida Rule of Appellate Procedure 9.130(a)(5)); Crest Pontiac, Inc. v. Robinson, 495 So.2d 900 (Fla. 1st DCA 1986) (ruling nonappealable an order granting a co-plaintiffs motion for section 57.105 fees because the issue of damages against that co-plaintiff remained pending in the trial court and because the substantive order associated with the fee order was not itself appealable).
The appellee's motion challenging case classification and amended motion to dismiss appeal are denied as moot.