C & L TRANSPORT OF CITRUS COMPANY, INC., APPELLANT,
v.
RICHARD J. OSTEEN, INDIVIDUALLY, AND BETTY JOE OSTEEN, APPELLEES

Fla. 1st DCA | 2000-05-26
No. 1D00-0323
JOANOS, ALLEN and KAHN, JJ., CONCUR.
763 So. 2d 1217 Florida District Court of Appeal, First District (2000) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Having considered appellant’s response to the show cause order dated February 3, 2000, we dismiss this appeal for lack of jurisdiction. Because the Final Summary Judgment of which appellant seeks review merely grants a motion and does not actually determine liability, the order is not appealable pursuant to Florida Rule of Appellate Procedure 9.130(a) (3)(C) (iv). See Knight v. Nelson, 574 So. 2d 1124, 1125 (Fla. 4th DCA 1991). And the Order on Plaintiffs Motion for Attorney’s Fees and Costs is also not an appealable order. See Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994).

DISMISSED.

JOANOS, ALLEN and KAHN, JJ., CONCUR.


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  • Boyd L. Mathews and Kelly Mathews v. Lea M. Urezzio, 788 So. 2d 1133 (Fla. 5th DCA 2001)
    …ination that the parties did not reach a settlement agreement. The issue [*1135] of liability remains to be determined.1 Accordingly, since good cause has not been shown, this appeal is dismissed. See C & L Transport of Citrus Co. ., Inc. v. Osteen, 763 So. 2d 1217 (Fla. 1st DCA 2000) (dismissing appeal from order merely granting a motion for summary judgment where order could not be considered appealable pursuant to rule 9.130(a)(3)(C)(iv)). DISMISSED. THOMPSON, C.J., and GRIFFIN, J., concur. . Had the ord…

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