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Hernandez v. Garcia

Third District Court of Appeal State of Florida
Mar 27, 2019
272 So. 3d 463 (Fla. Dist. Ct. App. 2019)

Opinion

No. 3D18-456

03-27-2019

Nilo HERNANDEZ, Appellant, v. Tamara GARCIA, Appellee.

Wasson & Associates, Chartered, and Annabel C. Majewski, for appellant. Bofill Law Group, and Jose C. Bofill, for appellee.


Wasson & Associates, Chartered, and Annabel C. Majewski, for appellant.

Bofill Law Group, and Jose C. Bofill, for appellee.

Before EMAS, C.J., and LOGUE and HENDON, JJ.

PER CURIAM.

ON APPELLEE'S MOTION TO DISMISS

We grant appellee's motion and dismiss this appeal as one taken from a nonfinal, nonappealable order. See, e.g., M.M. v. Fla. Dep't of Children & Families, 189 So.3d 134, 137 (Fla. 2016) (observing that "[a]n appeal from a final order is appropriate when judicial labor has ended"); S.L.T. Warehouse Co. v. Webb, 304 So.2d 97, 99 (Fla. 1974) (noting: "Generally, the test employed by the appellate court to determine finality of an order, judgment or decree is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected.") This dismissal is without prejudice to the filing of a proper and timely appeal from a final, appealable order. Given this disposition, we do not reach the claims raised in the instant appeal, nor do we express any comment on their relative merit.

Appeal dismissed.


Summaries of

Hernandez v. Garcia

Third District Court of Appeal State of Florida
Mar 27, 2019
272 So. 3d 463 (Fla. Dist. Ct. App. 2019)
Case details for

Hernandez v. Garcia

Case Details

Full title:Nilo Hernandez, Appellant, v. Tamara Garcia, Appellee.

Court:Third District Court of Appeal State of Florida

Date published: Mar 27, 2019

Citations

272 So. 3d 463 (Fla. Dist. Ct. App. 2019)