CARDIOTHORACIC AND VASCULAR SURGERY, P.A., APPELLANT,
v.
WEST FLORIDA REGIONAL MEDICAL CENTER, D/B/A WEST FLORIDA HOSPITAL, AND MARK R. DYLEWSKI, APPELLEES
PER CURIAM.
The appellant seeks review of an “Order Granting Defendant’s Motion for Summary Judgment.” Because this order merely granted summary judgment in favor of Mark R. Dylewski, without also entering judgment, the appellee filed a motion to dismiss arguing the order is not an appealable partial final judgment. We agree that the order on appeal does not contain sufficient language of finality to unequivocally bring an end to the required judicial labor, and therefore it failed to dispose of the case as to a party. Hoffman v. Hall, 817 So. 2d 1057, 1058 (Fla. 1st DCA 2002); McQuaig v. Wal-Mart Stores, Inc., 789 So. 2d 1215 (Fla. 1st DCA 2001); Monticello Ins. Co. v. Thompson, 743 So. 2d 1215, at 1216 (Fla. 1st DCA 1999). Similar to an order granting a motion for summary judgment, an order granting summary judgment, without more, is not a final order. Because the order on appeal did no more than grant summary judgment, the order is not final. Accordingly, we grant the appellee’s motion and dismiss this appeal as premature.
DISMISSED.
ALLEN, WEBSTER, and DAVIS, JJ., concur.
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City OF Panama City v. Andina, Inc., 63 So. 3d 908 (Fla. 1st DCA 2011)…DCA 2005) (explaining that an order that “does not yet enjoin anyone” and that does not have the “practical effect” of an injunction is not renewable under rule 9.130(a)(3)(B)); Cardiothoracic and Vascular Surgery, P.A. v. West Fla. Reg’l Med. Ctr., 993 So. 2d 1060 (Fla. 1st DCA 2008) (“Because the order on appeal did no more than grant summary judgment, the order is not final.”). Accordingly, the order is not reviewable under rule 9.130(b)(3)(B) and we therefore lack jurisdiction to consider this appeal. DI…
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Tarik, Inc. v. NNN Acquisitions, Inc., 17 So. 3d 912 (Fla. 4th DCA 2009)…Inc., 957 So. 2d 70 (Fla. 1st DCA 2007). Summary judgment is “interlocutory in character” and does not automatically result in the entry of final judgment. Fla. R. Civ. P. 1.510(c); Cardiothoracic & Vascular Surgery, P.A. v. W. Fla. Reg'l Med. Ctr., 993 So. 2d 1060, 1061 (Fla. 1st DCA 2008). In this case, the trial court simply granted NNN’s motion for summary judgment but did not enter a judgment or issue a writ of possession. NNN subsequently sought an entry of final judgment, which the court refused to gra…
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City OF Marco Island v. Dumas, 13 So. 3d 108 (Fla. 2d DCA 2009)…o. 2d 516, which is the other case that the circuit court cited in support of its order of dismissal. It is also comparable to an order granting summary judgment, which is not appealable. See Cardiothoracic & Vascular Surgery, P.A. v. W. Fla. Reg’l, 993 So. 2d 1060 (Fla. 1st DCA 2008). The order entered in October was a nonfinal, nonappealable order. The City properly requested the county court to enter a final appealable order based on the reasoning of that order and it has filed a timely appeal from that or…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Monticello Ins. Co. v. Thompson, 743 So. 2d 1215 (Fla. 1st DCA 1999)
- Hoffman v. Hall, 817 So. 2d 1057 (Fla. 1st DCA 2002)
- McQUAIG v. Wal-Mart Stores, Inc., 789 So. 2d 1215 (Fla. 1st DCA 2001)