KARL W. LEO AND FAY L. LEO
v.
SHELLEY D. GREGORY
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An order that disposes of summary judgment motions but fails to enter a final judgment declaring the rights or obligations of the parties is not appealable and renders an appeal subject to dismissal as premature.
[1] An order granting or denying a motion for summary judgment is not final and appealable unless accompanied by a judgment that declares the rights, status, and legal relati…
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Join FLexlaw to unlock all legal intelligence“The order disposes of the motions for final summary judgment but fails to enter a final judgment declaring the rights or obligations of the parties.”
Court's rationale for finding the order non-final
Appellants Karl W. Leo and Fay L. Leo appealed an order from the Circuit Court for Escambia County that disposed of motions for summary judgment.…
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December 6, 2023 PER CURIAM.
The Court dismisses this appeal because the order sought to be reviewed does not constitute a final judgment. See Fla. R. App. P. 9.110(l) (“Except as provided in rule 9.020(h), if a notice of appeal is filed before rendition of a final order, the appeal shall be subject to dismissal as premature.”). The order disposes of the motions for final summary judgment but fails to enter a final judgment declaring the rights or obligations of the parties. See § 86.011, Fla. Stat. (2023) (stating that the circuit court may “declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed,” and “[t]he court’s declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment”). Dismissal is thus appropriate. See Dockery v. Hood, 889 So. 2d 221, 222 (Fla.
1st DCA 2004) (dismissing an order titled, “Final Declaratory Judgment,” because it merely granted a motion for summary judgment and was nonfinal).
ROBERTS, KELSEY, and TANENBAUM, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.