Opinion
Case No. 1D04-5251.
Opinion filed March 16, 2005.
An appeal from the Circuit Court for Leon County. Janet E. Ferris, Judge.
Brant Hargrove, Tallahassee, for Appellant.
Elise M. Matthes, Assistant General Counsel, Florida Fish and Wildlife Conservation Commission, Tallahassee, for Appellee.
Having considered the appellant's Motion filed on December 20, 2004, which the Court treated as a response to the Court's December 10, 2004 Order, as well as appellant's Notice of Filing, filed on February 7, 2005, which the Court hereby treats as a response to the Court's January 7, 2005 Order, this appeal is hereby DISMISSED as premature. See Monticello Ins. Co. v. Thompson, 743 So. 2d 1215, at 1216 (Fla. 1st DCA 1999). This dismissal is without prejudice to the appellant's right to file a timely notice of appeal when a final order is rendered by the trial court. See Benton v. Moore, 655 So.2d 1272, 1273 (Fla. 1st DCA 1995).
The order on appeal, which addressed the last remaining claim in a three count complaint, concludes "the court must grant summary judgment to the defendant on the issue of Plaintiff's failure to exhaust his administrative remedies, and on the doctrine of primary jurisdiction." This order does not contain unequivocal language of finality. An order that determines that the defendant is entitled to summary judgment "without language in the order which `hereby enters' a judgment, or similar unequivocal language of finality" is not final. Monticello Ins., 743 So. 2d at 1215. The language in the order on appeal is similar to a finding of entitlement to summary judgment and must also contain unequivocal language of finality to be final.
WOLF, C.J., BARFIELD and LEWIS, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED