Dockery v. Hood

Full title: C.C. DOCKERY, as a citizen, taxpayer of the State of Florida and intended…

Court: District Court of Appeal of Florida, First District

Date published: Dec 23, 2004

889 So. 2d 221 (Fla. Dist. Ct. App. 2004)

Opinion

No. 1D04-4275.

December 23, 2004.

An appeal from an order of the Circuit Court for Leon County. P. Kevin Davey, Judge.

John W. Frost, II, and Robert Aranda of Frost, Tamayo, Sessums Aranda, Bartow, for appellant.

Charlie Crist, Attorney General and James A. Peters and Jonathan A. Glogau, Special Counsel, Tallahassee, for appellee.

Mark Herron, Thomas M. Findley and Robert J. Telfer, III, of Messer, Caparello Self, Tallahassee; Efrem M. Grail and Kim M. Watterson of Reed, Smith, LLP, Pittsburgh, for amici curiae Floridians Against Expanded Gambling, the Humane Society of the United States and Grey2K USA.

PER CURIAM.

Although the order sought to be reviewed is captioned as a "Final Declaratory Judgment," it lacks the requisite words of finality to make it a final order. Instead, it merely grants a motion for summary judgment and is therefore non-final. The appeal is therefore dismissed for lack of jurisdiction. See Arcangeli v. Albertson's, Inc., 550 So.2d 557 (Fla. 5th DCA 1989); Monticello Insurance Co. v. Thompson, 743 So.2d 1215 (Fla. 1st DCA 1999). This disposition is without prejudice to appellant's right to appeal upon entry of a final judgment. The trial court, however, lacks jurisdiction to enter such a judgment until conclusion of the appeal of a non-final order denying injunctive relief in Dockery v. Hood, case number 1D04-3492. See Fla.R.App.P. 9.130(f).

DISMISSED.

WOLF, C.J., WEBSTER and HAWKES, JJ., concur.