CURTIS H. KOON INDIVIDUALLY, AND CURTIS H. KOON ETC.
v.
LAFAYETTE STATE BANK, A FLORIDA BANKING CORPORATION
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Orders that do not end a separate and distinct cause of action are not appealable as partial final judgments.
[1] An order is not appealable as a partial final judgment unless it constitutes an end to a separate and distinct cause of action.
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Join FLexlaw to unlock all legal intelligenceCurtis H. Koon, individually and as trustee of a revocable trust, appealed orders from the Circuit Court for Lafayette County in a dispute with Lafaye…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-0561 _____________________________
CURTIS H. KOON individually, and CURTIS H. KOON as Trustee of the Curtis and Linda Koon Revocable Trust U/T/D July 26, 2005,
Appellants,
v.
LAFAYETTE STATE BANK, a Florida banking corporation,
Appellee. _____________________________
On appeal from the Circuit Court for Lafayette County. William W. Blue, Judge.
June 28, 2018
PER CURIAM.
Upon consideration of Appellee’s Motion to Dismiss and Appellants’ Response, the Court has determined that the appeal must be dismissed because the orders on appeal do not constitute an end to a separate and distinct cause of action so as to be appealable as a partial final judgment. See Jensen v. Whetstine, 985 So. 2d 1218, 1220 (Fla. 1st DCA 2008). Cf. Fla. R. App. P. 9.110(k). The Motion to Dismiss is granted. The appeal is hereby
DISMISSED.
2
ROWE, KELSEY, and M.K. THOMAS, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Stephen C. Bullock of Brannon, Brown, Haley & Bullock, P.A., Lake City, for Appellants.
John J. Joyce of Robinson, Kennon & Kendron, P.A., Lake City, for Appellee.
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- Tascano v. State, 393 So. 2d 540 (Fla. 1980)
- State v. Goodson, 403 So. 2d 1337 (Fla. 1981)
- Mendez v. George Hunt, Inc., 191 So. 2d 480 (Fla. 4th DCA 1966)
- Colon v. Nationwide Life Ins. Co., 985 So. 2d 1218 (Fla. 2d DCA 2008)
- Stewart v. Harriette E. Carr, 218 So. 2d 525 (Fla. 2d DCA 1969)
- Crescent Beach, Inc. v. Jarvis, 435 So. 2d 396 (Fla. 5th DCA 1983)
- City OF ST. Petersburg v. Earle, 109 So. 2d 388 (Fla. 2d DCA 1959)
- Deeb v. The Bd. OF Pub. Instruction OF Columbia Cnty., 196 So. 2d 22 (Fla. 2d DCA 1967)
- Reed v. Jule Fink, 259 So. 2d 729 (Fla. 3d DCA 1972)
- Bronna Mae Hughes v. Hughes, 441 So. 2d 688 (Fla. 2d DCA 1983)