Hamilton v. Ryan Foods Company

Full title: TRACEY HAMILTON, Appellant, v. RYAN FOODS COMPANY, STACEY L. JOHNSON and…

Court: District Court of Appeal of Florida, First District

Date published: Mar 11, 2004

867 So. 2d 1217 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 1D03-5161.

Opinion filed March 11, 2004.

An appeal from the Circuit Court for Duval County, Brian J. Davis, Judge.

Eric S. Block, Jacksonville, for Appellant.

L. Johnson Sarber, III, of Marks, Gray, Conroy Gibbs, Jacksonville for appellee Ryan Foods Co.; Charles E. Earnhardt, Ponte Vedra Beach, for appellees Johnson.

PER CURIAM.

Having considered the appellant's response to this Court's order of December 17, 2003, we dismiss this appeal as premature. The order on appeal reserved jurisdiction to determine collateral source set-offs, thereby rendering it nonfinal. Even assuming that the reservation of jurisdiction to determine collateral source set-offs could be extinguished by the parties' failure to file a motion seeking such set-offs, and assuming this left nothing further for the court to determine, nevertheless, the instant order would still be nonfinal. See Newman v. Newman, 858 So.2d 1273 (Fla. 1st DCA 2003); Ponton v. Gross, 576 So.2d 910, 911 (Fla. 1st DCA 1991).

DISMISSED.

BARFIELD, KAHN and HAWKES, JJ., CONCUR.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED