PAGENET, INC. F/K/A/ PAGING NETWORK OF TENNESSEE, INC., APPELLANT,
v.
THE STATE OF FLORIDA, DEPARTMENT OF REVENUE, APPELLEE
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PER CURIAM.
Having considered the appellant’s response to the Court’s order of March 18, 2003, we dismiss this appeal for lack of jurisdiction. The order on appeal, which dismissed appellant’s complaint without prejudice to its right to file an amended complaint that corrects the identified defects, did not end the judicial labor effectuating a termination of the cause. See Augustin v. Blount, Inc., 573 So. 2d 104 (Fla. 1st DCA 1991). Furthermore, the order did not become a final order by purporting to be a dismissal with prejudice if the appellant failed to comply with any of the options provided in the order for filing an amended complaint. Ponton v. Gross, 576 So. 2d 910 (Fla. 1st DCA 1991). The dismissal is without prejudice to appellant’s right to appeal when a final order is rendered in the trial court.
The motion entitled “Appellee’s Motion for Order Prohibiting Appellant from Introducing into the Record on Appeal Materials not Filed in the Lower Tribunal,” filed on April 9, 2003, is denied as moot.
BOOTH, WOLF and KAHN, JJ., concur.
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Harriman v. Goff, 929 So. 2d 718 (Fla. 1st DCA 2006)…ction. See generally Benton v. Moore, 655 So. 2d 1272, 1273 (Fla. 1st DCA 1995). Furthermore, the remainder of the order on appeal merely contains interlocutory rulings not yet ripe for appellate review. See, e.g., Pagenet, Inc. v. Dep’t of Revenue, 843 So. 2d 1027 (Fla. 1st DCA 2003). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. In light of the dismissal, the appellant’s Motions for Enlargement of Time to Submit Brief, filed on March 3, 2006, and April 24, 2006, are denied as moot.…
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Scullock v. Fla. State Hosp., 131 So. 3d 825 (Fla. 1st DCA 2014)…PER CURIAM. Upon consideration of appellant’s response to the Court’s order of January 2, 2014, the Court has determined that the appeal is premature. See Pagenet, Inc. v. State, Dept. of Revenue, 843 So. 2d 1027 (Fla. 1st DCA 2003); Augustin v. Blount, 573 So. 2d 104 (Fla. 1st DCA 1991). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. The dismissal is without prejudice to appellant’s right to seek appellate review upon entry of a final…
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CJC Props., Ltd. v. State, 867 So. 2d 1240 (Fla. 1st DCA 2004)…ration of the appellant’s response to the Court’s order of January 26, 2004, the Court has determined that the order on appeal is not final. See Augustin v. Blount, 573 So. 2d 104 (Fla. 1st DCA 1991); see also Pagenet, Inc. v. Department of Revenue, 843 So. 2d 1027 (Fla. 1st DCA 2003). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. DISMISSED. BARFIELD, KAHN, and HAWKES, JJ., concur.…
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- Delouis Augustin v. Blount, Inc., 573 So. 2d 104 (Fla. 1st DCA 1991)
- Alfonson Detroy Ponton and Reginald J. Williams v. Officer B.E. Gross, 576 So. 2d 910 (Fla. 1st DCA 1991)