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Winburn v. Lemings

District Court of Appeal of Florida, First District
Apr 16, 2002
813 So. 2d 289 (Fla. Dist. Ct. App. 2002)

Summary

finding that a judgment ordering partition of land was “not a final appealable order”

Summary of this case from Morris v. Garcia

Opinion

No. 1D02-94.

April 16, 2002.

An Appeal from the Circuit Court for Lafayette County, Julian E. Collins, Judge.

Appellant, pro se.

David E. Menet, Gainesville, for Appellee.


Having considered the appellant's response to the February 6, 2002, order to show cause, we dismiss this appeal as premature. The appellant sought review of a Judgment of Partition, which adjudicated the rights of the respective parties in the land sought to be partitioned and ordered partition, either by stipulation of the parties or by appointed commissioners. Such an order is not a final appealable order. See Camp Phosphate Co. v. Anderson, 48 Fla. 226, 37 So. 722, 725, 726 (1904).

BARFIELD, WOLF and DAVIS, JJ., concur.


Summaries of

Winburn v. Lemings

District Court of Appeal of Florida, First District
Apr 16, 2002
813 So. 2d 289 (Fla. Dist. Ct. App. 2002)

finding that a judgment ordering partition of land was “not a final appealable order”

Summary of this case from Morris v. Garcia
Case details for

Winburn v. Lemings

Case Details

Full title:O.A. WINBURN, JR., Appellant, v. CATHERINE DENISE WINBURN LEMINGS, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Apr 16, 2002

Citations

813 So. 2d 289 (Fla. Dist. Ct. App. 2002)

Citing Cases

Morris v. Garcia

Applying the traditional test that an order becomes final when “no further action will be necessary,” see…