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Aten v. Dell Air Heating

District Court of Appeal of Florida, First District.
Mar 14, 2012
81 So. 3d 643 (Fla. Dist. Ct. App. 2012)

Summary

dismissing an appeal of an order denying a motion for summary judgment because it is a non-appealable, nonfinal order

Summary of this case from Basner v. Bergdoll

Opinion

No. 1D11–5919.

2012-03-14

Scott F. ATEN, Appellant, v. DELL AIR HEATING, Air Conditioning & Refrigeration, Inc./Amerisure Insurance Co., Appellees.

An appeal from an order of the Judge of Compensation Claims, Thomas W. Sculco, Judge. Joey D. Oquist of Royal Palm Legal Services, P.A., St. Petersburg, for Appellant. Jamey Rodgers, Maitland, for Appellees.


An appeal from an order of the Judge of Compensation Claims, Thomas W. Sculco, Judge. Joey D. Oquist of Royal Palm Legal Services, P.A., St. Petersburg, for Appellant. Jamey Rodgers, Maitland, for Appellees.

PER CURIAM.

Upon review of Appellant's response to this court's December 2, 2011, order to show cause, we conclude the order on appeal is a non-appealable, nonfinal order because it merely denies Appellant's motion for summary final order, without disposing of the claim. See Fla. R.App. P. 9.180(b)(1); Green Tree Servicing, LLC v. Genaux, 951 So.2d 1000 (Fla. 1st DCA 2007) (dismissing appeal as premature because order merely denies motion for summary judgment and is not an appealable final order). Accordingly, the appeal is DISMISSED for lack of jurisdiction.

WOLF, CLARK, and WETHERELL, J.J., concur.


Summaries of

Aten v. Dell Air Heating

District Court of Appeal of Florida, First District.
Mar 14, 2012
81 So. 3d 643 (Fla. Dist. Ct. App. 2012)

dismissing an appeal of an order denying a motion for summary judgment because it is a non-appealable, nonfinal order

Summary of this case from Basner v. Bergdoll
Case details for

Aten v. Dell Air Heating

Case Details

Full title:Scott F. ATEN, Appellant, v. DELL AIR HEATING, Air Conditioning …

Court:District Court of Appeal of Florida, First District.

Date published: Mar 14, 2012

Citations

81 So. 3d 643 (Fla. Dist. Ct. App. 2012)

Citing Cases

Basner v. Bergdoll

Lewis and Kelsey, JJ., concur.Aten v. Dell Air Heating , 81 So. 3d 643 (Fla. 1st DCA 2012) (dismissing an…