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Cooksey v. Linton

District Court of Appeal of Florida, First District
Mar 27, 2006
924 So. 2d 919 (Fla. Dist. Ct. App. 2006)

Opinion

No. 1D05-5448.

March 27, 2006.

An appeal from the Circuit Court for Jefferson County. L. Ralph Smith, Judge.

David W. Collins, Monticello, for Appellant.

Marion D. Lamb, III, Tallahassee; Buckingham Bird and Brian Hayes, Monticello, for Appellee.


Upon consideration of the appellant's response to the Court's order of November 2, 2005, the Court has determined that the appellant has failed to demonstrate that the order on appeal is an appealable partial final judgment where the dismissed claims are interrelated and dependent on the remaining claim. See S.L.T. Warehouse Co. v. Webb, 304 So.2d 97, 99 (Fla. 1974).

Further, although the appellant asserts that the order on appeal is otherwise appealable as a nonfinal order pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii), we disagree. See generally Marina Bay Hotel Club, Inc. v. McCallum, 733 So.2d 1133 (Fla. 4th DCA 1999) (dismissing appeal of order denying motion for summary judgment as to lessees' right to extend lease because order did not directly determine immediate right to possession). For these reasons the appeal is hereby dismissed.

DISMISSED.

ERVIN, PADOVANO and HAWKES, JJ., Concur.


Summaries of

Cooksey v. Linton

District Court of Appeal of Florida, First District
Mar 27, 2006
924 So. 2d 919 (Fla. Dist. Ct. App. 2006)
Case details for

Cooksey v. Linton

Case Details

Full title:Annie COOKSEY, Appellant, v. John S. LINTON, et al., and Heirs of Fred…

Court:District Court of Appeal of Florida, First District

Date published: Mar 27, 2006

Citations

924 So. 2d 919 (Fla. Dist. Ct. App. 2006)

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