Henry v. Finta

Full title: HILTON HENRY, PETITIONER, v. STEPHEN FINTA, RESPONDENT

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 11, 1990

559 So. 2d 434 (Fla. Dist. Ct. App. 1990)

Opinion

No. 90-0569.

April 11, 1990.

Petition from the Circuit Court for Broward County, Robert Lance Andrews, J.

Hilton Henry, Plantation, pro se.

No appearance for respondent.

PER CURIAM.

The petitioner attempts to seek certiorari jurisdiction over an order granting a motion for judgment on the pleadings after having first filed a notice of appeal from the order. Such an order is neither a non-final appealable order, Florida Rule of Appellate Procedure 9.130, nor a final appealable order. Russell v. Russell, 507 So.2d 661 (Fla. 4th DCA 1987). Furthermore, petitioner fails to allege any of the necessary requirements to obtain extraordinary writ jurisdiction. The petition is therefore denied.

WALDEN, STONE and WARNER, JJ., concur.