Opinion
No. 1D13–4516.
2013-12-5
CENTENNIAL BANK, Appellant, v. NFP 1, LLC, An Administratively Dissolved Florida Limited Liability Company, Walter J. Armistead, James Barrs Floyd, and Heron Walk Harbor Homeowners Association, Inc., Appellees.
An appeal from an order of the Circuit Court for Franklin County. Angela C. Dempsey, Judge. Kenneth B. Bell, Stephen A. Pitre, William E. Bond, Jr., and Trevor A. Thompson, of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola, for Appellant. Nicholas Yonclas, Eastpoint, for NFP1, LLC and Walter J. Armistead; James Barrs Floyd, pro se, Tallahassee, for Appellees.
An appeal from an order of the Circuit Court for Franklin County. Angela C. Dempsey, Judge.
Kenneth B. Bell, Stephen A. Pitre, William E. Bond, Jr., and Trevor A. Thompson, of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola, for Appellant. Nicholas Yonclas, Eastpoint, for NFP1, LLC and Walter J. Armistead; James Barrs Floyd, pro se, Tallahassee, for Appellees.
PER CURIAM.
The Court has determined that the July 15, 2013, Final Judgment is not a final order as it fails to resolve Count II of the complaint, a related claim for damages for breach of the associated note. Therefore, this appeal from the July 15, 2013, Final Judgment is premature. Cf. Conti v. B & E Holdings, LLC, 61 So.3d 1272 (Fla. 1st DCA 2011) (dismissing appeal as premature where order on appeal entered a money judgment but reserved jurisdiction to resolve the related mortgage foreclosure action). Accordingly, appellee's motion to dismiss, filed on September 26, 2013, is granted, and the appeal is hereby dismissed. PADOVANO, ROWE, and OSTERHAUS, JJ., concur.