Opinion
Case No. 1D03-3901
Opinion filed November 6, 2003.
An appeal from the Circuit Court for Escambia County. Terry D. Terrell, Judge.
Mark J. Upton, of Daniell, Upton, Perry and Morris, P.C., Daphne, Alabama, for Appellant.
Timothy M. O'Brien, of Levin, Papantonio, Thomas, Mitchell, Echsner Proctor, Pensacola, for Appellees.
Having considered the appellant's response to this Court's order dated September 17, 2003, we dismiss this appeal as premature. The appellant's motion to relinquish jurisdiction, filed on September 29, 2003, is denied. See Nourachi v. South Beaches Professional Park Owners' Ass'n, Inc., 841 So.2d 618 (Fla. 1st DCA 2003).
WOLF, C.J., POLSTON and LEWIS, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED