Summary
holding that order granting motion for summary judgment and determining that "final judgment shall be entered" is insufficient to demonstrate an unequivocal completion of the lower tribunal's judicial labor
Summary of this case from State v. BrownOpinion
Case No. 1D04-0049.
Opinion filed May 13, 2004.
An appeal from the Circuit Court for Alachua County, Chester B. Chance, Judge.
Appellant, pro se.
Thomas M. Gonzalez and Jennifer Zumarraga of Thompson, Sizemore Gonzalez, Tampa, for Appellee.
Upon consideration of the appellant's responses to the Court's orders of February 18, 2004, and March 24, 2004, the Court has determined that the order is not final because, although the order grants a motion for summary judgment, it fails to enter judgment. C.f. McQuaig v. Wal-Mart Stores, Inc., 789 So.2d 1215 (Fla. 1st DCA 2001). A determination that "final judgment shall be entered," is insufficient to unequivocally demonstrate finality. Id. Accordingly, the appeal is hereby dismissed for lack of jurisdiction.
BARFIELD, DAVIS and POLSTON, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED