SHEDRICK STATEN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT TAYLOR, DECEASED, AND SHEDRICK STATEN, INDIVIDUALLY, APPELLANT,
v.
CELSO M. GONZALEZ-FALLA, AS TRUSTEE FOR THE GILMAN ARTICLE III TRUST, APPELLEE
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PER CURIAM.
Having considered the appellant’s response to this Court’s order dated July 24, 2003, as well as the appellant’s response to the Court’s order dated August 19, 2003, this appeal is hereby dismissed as premature. In an order granting an easement, a reservation of jurisdiction to determine the metes and bounds of the easement necessarily renders the order nonfinal because the issue is not collateral to the action nor does it merely require a ministerial act. See generally McDuffie v. City of Jacksonville, 763 So. 2d 1201 (Fla. 1st DCA 2000) (holding trial court lacked jurisdiction to vacate final order to correct legal description once appellate jurisdiction had been invoked). Additionally, such an order may not be “deemed” final pursuant to McGurn v. Scott, 596 So. 2d 1042 (Fla.1992). See Raymond James & Associates, Inc. v. Godshall, 851 So. 2d 879 (Fla. 1st DCA 2003).
WOLF, C.J., BOOTH and HAWKES, JJ., concur.
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Shedrick Staten v. Celso M. Gonzalez-Falla for the Gilman Article III Tr., 904 So. 2d 498 (Fla. 1st DCA 2005)…tutory purposes or, in the alternative, to specifically exclude hunters and those seeking access to the property through any hunting lease. The trial court denied the motion for rehearing. Appellant took a premature appeal. Staten v. Gonzalez-Falla, 855 So. 2d 247 (Fla. 1st DCA 2003). After the trial court entered a further order determining the legal description of the easement, Staten brought this appeal. While the circuit court has the discretion to determine the “type, extent, duration and location of th…
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Wood v. John Eben Fairchild and his wife, 946 So. 2d 639 (Fla. 1st DCA 2007)…. Having considered the appellants’ responses to this Court’s orders dated September 20, 2006, and October 27, 2006, as well as the “Final Judgment,” entered on June 16, 2006, this appeal is hereby dismissed as premature. Staten v. Gonzalez-Falla, 855 So. 2d 247 (Fla. 1st DCA 2003). Ml pending motions are, denied as moot. This dismissal is without prejudice to the appellants’ right to seek review upon final disposition of the proceedings below. DAVIS and BENTON, JJ., and ERVIN, III, RICHARD W:, Senior Jud…
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Clark v. Town OF Grand Ridge, 11 So. 3d 1005 (Fla. 1st DCA 2009)…PER CURIAM. DISMISSED. See Staten v. Gonzalez-Falla, 855 So. 2d 247 (Fla. 1st DCA 2003) (dismissing premature appeal where order reserved jurisdiction to determine metes and bounds of real property). WEBSTER, BENTON, and ROBERTS, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McGURN v. Scott, 596 So. 2d 1042 (Fla. 1992)
- Raymond James & Assocs., Inc. v. Godshall, 851 So. 2d 879 (Fla. 1st DCA 2003)
- McDUFFIE v. City OF Jacksonville, 763 So. 2d 1201 (Fla. 1st DCA 2000)