WATERS
v.
PETERS, CLERK, ET AL.
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A motion to dismiss order that merely grants the motion without containing final language actually dismissing the claims is not appealable.
[1] An order granting a motion to dismiss is not final and therefore not appealable unless it contains explicit language actually dismissing the claims, rather than merely gr…
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Join FLexlaw to unlock all legal intelligence“Because this order merely grants a motion and does not contain final language actually dismissing the claims, it is not appealable.”
Court's explanation for why the appeal as to the Property Appraiser's motion to dismiss was dismissed for lack of finality.
James Levoy Waters appealed two orders granting motions to dismiss filed by the Escambia County Property Appraiser and the Escambia County Clerk of Co…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2023-2431 _____________________________
JAMES LEVOY WATERS,
Appellant,
v.
GARY “BUBBA” PETERS, Escambia County Property Appraiser, Pensacola, Florida; PAM CHILDERS, Clerk of the Courts, Pensacola, Florida; ELIZABETH MERIWETHER, Personal Representative of the Estate of Monte Meriwether, Pensacola, Florida; LOCKLIN, SABA, LOCKLIN & JONES, P.A., Pace, Florida,
Appellees.* _____________________________
On appeal from the Circuit Court for Escambia County. Jan Shackelford, Judge.
July 23, 2025
* As the successor to Chris Jones as the Escambia County Property Appraiser, Gary “Bubba” Peters is automatically substituted for Jones to the extent that Jones was sued in his official capacity. See Fla. R. App. P. 9.360(c)(2).
2
PER CURIAM.
James Levoy Waters appeals two orders granting motions to dismiss filed by Chris Jones, the Escambia County Property Appraiser, and Pam Childers, the Escambia County Clerk of Court. We affirm the trial court’s order granting Childers’ motion without further comment but dismiss the appeal as to the order granting Jones’ motion because it is not final. See Gorham v. Lavine, 376 So. 3d 781, 783 (Fla. 1st DCA 2023) (“Because this order merely grants a motion and does not contain final language actually dismissing the claims, it is not appealable.” (first citing Johnson v. First City Bank of Gainesville, 491 So. 2d 1217, 1218 (Fla. 1st DCA 1986); then citing Fla. R. App. P. 9.110(l))).
AFFIRMED, in part, DISMISSED, in part.
LEWIS, BILBREY, and WINOKUR, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
James Levoy Waters, pro se, Appellant.
Jennifer Shoaf Richardson and Rebecca H. Radd of Emmanuel Sheppard & Condon, Pensacola, for Appellee Gary “Bubba” Peters, Escambia County Property Appraiser; Darryl Steve Traylor, Jr. and T.A. Borowski, Jr. of Borowski & Traylor, P.A., Pensacola, for Appellee Elizabeth Meriwether; Codey L. Leigh, Office of Clerk of the Circuit Court and Comptroller, Pensacola, for the Appellee Escambia County Clerk of the Circuit Court and Comptroller.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Johnson v. First City Bank OF Gainesville & J. Emory Cross, 491 So. 2d 1217 (Fla. 1st DCA 1986)
- Gorham v. Lavine (Fla. 1st DCA 2023)