ROBERT EDWARD ROGERS, DALE FAIRCLOTH ROGERS, ROBERT EDWARD ROGERS, JR., AND ROGERS LOGGING COMPANY, APPELLANTS,
v.
SALEM LEASING CORP., D/B/A SALEM CARRIERS, INC., INDIVIDUALLY, AND F/U/B/O LOWRY CLAIMS SERVICES, INC., AS SUBROGEE OF ARTURO MENDOZA AND JUAN LUNA, AND CAPITAL CITY INSURANCE, APPELLEES
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PER CURIAM.
On July 2, 2004, the Court issued an order directing the appellants to show cause why the appeal should not be dismissed as premature. As an initial matter, the appellants’ Motion to File Appellants’ Response to Order to Show Cause (7/2/04) Out of Time is granted and the response, filed on July 16, 2004, is hereby accepted as timely filed.
Upon consideration of the appellant’s response to the Court’s order of July 2, 2004, the Court has determined that because the order on appeal merely grants the parties’ motions to enforce a settlement agreement, the order is not a final order. See generally Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995). Accordingly, the appeal is hereby dismissed for lack of jurisdiction.
The appellants’ motion for extension of time within which to file briefs, filed on August 18, 2004, is hereby denied.
BROWNING, LEWIS and POLSTON, JJ., concur.
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Hunter v. McCALL, 198 So. 3d 1151 (Fla. 1st DCA 2016)…PER CURIAM.- DISMISSED. See Rogers v. Salem Leasing Corp., 881 So. 2d 728 (Fla. 1st DCA 2004); Baron v. Provencial, 908 So. 2d 526 (Fla. 4th DCA 2005). Cf Travelers Indem. Co. v. Walker, 401 So. 2d 1147 (Fla. 3d DCA 1981). WOLF, LEWIS, and OSTERHAUS, JJ., concur.…
Authorities Cited
- Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995)