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Bonafide Masonry v. Saxton

District Court of Appeal of Florida, First District.
Mar 5, 2015
159 So. 3d 300 (Fla. Dist. Ct. App. 2015)

Opinion

No. 1D14–4833.

03-05-2015

BONAFIDE MASONRY, Retailfirst Insurance Company and Claims Center Summit, Appellants, v. Russell R. SAXTON, Appellee.

Mark S. Spangler of the Law Offices of Mark S. Spangler, P.A., Maitland, for Appellants. Michael J. Winer of the Law Office of Michael J. Winer, P.A., Tampa, for Appellee.


Mark S. Spangler of the Law Offices of Mark S. Spangler, P.A., Maitland, for Appellants.

Michael J. Winer of the Law Office of Michael J. Winer, P.A., Tampa, for Appellee.

Opinion

PER CURIAM.

We dismiss this appeal of two nonfinal orders rendered by the Judge of Compensation Claims on September 3, 2014, and September 23, 2014, respectively. Appellants challenge the nonfinal orders under Florida Rule of Appellate Procedure 9.180(b)(1)(A), which provides for appellate review of a nonfinal order adjudicating jurisdiction. Appellants, however, have failed to demonstrate that the September 23, 2014, order denying its motion to dismiss “adjudicates” jurisdiction, as the term is used in Rule 9.180(b)(1)(A). In the order, the JCC specifically declined to rule on the jurisdictional question raised in Appellants' motion, based on a lack of evidence. The JCC advised Appellants to file an evidentiary motion supporting its allegations, and rather than doing so, Appellants filed this premature appeal. Appellant also failed to file a timely notice of appeal from the rendition of the September 3, 2014, order. Accordingly, we dismiss this appeal for lack of appellate jurisdiction.

LEWIS, C.J., BENTON and THOMAS, JJ., concur.


Summaries of

Bonafide Masonry v. Saxton

District Court of Appeal of Florida, First District.
Mar 5, 2015
159 So. 3d 300 (Fla. Dist. Ct. App. 2015)
Case details for

Bonafide Masonry v. Saxton

Case Details

Full title:BONAFIDE MASONRY, Retailfirst Insurance Company and Claims Center Summit…

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

Date published: Mar 5, 2015

Citations

159 So. 3d 300 (Fla. Dist. Ct. App. 2015)