Bernard v. First Union National Bank

District Court of Appeal of Florida

Bernard v. First Union National Bank

778 So. 2d 1062, 2001 Fla. App. LEXIS 2131, 2001 WL 194644

CourtDistrict Court of Appeal of Florida

DecidedFebruary 28, 2001

DocketNo. 1D00-5021

StatusPublished

Cited by1 cases

This text of 778 So. 2d 1062 (Bernard v. First Union National Bank) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bernard v. First Union National Bank, 778 So. 2d 1062, 2001 Fla. App. LEXIS 2131, 2001 WL 194644 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

Lawrence J. Bernard appeals an order of the trial court dismissing with prejudice counts II, III and IV of his Third Amended Complaint. Having considered the appellant’s response to this Court’s sua sponte show cause order dated January 19, 2001, the Court has determined that the appellant has failed to meet the burden of demonstrating that the claims pending on appeal are not related to any claims that remain pending below. See Mendez v. West Flagler Family Ass’n, 303 So.2d 1 (Fla.1974); Lemon v. Groninger, 708 So.2d 1025, 1026 (Fla. 5th DCA 1998). Thus, the order on appeal is not a final order appeal-able under rule 9.030(b)(1)(A), Florida Rules of Civil Procedure, or a partial final judgment reviewable under rule 9.110(k). Accordingly, this appeal is dismissed for lack of jurisdiction.

BARFIELD, C.J., WEBSTER and VAN NORTWICK, JJ., concur.

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PER CURIAM.

Lawrence J. Bernard appeals an order of the trial court dismissing with prejudice counts II, III and IV of his Third Amended Complaint. Having considered the appellant’s response to this Court’s sua sponte show cause order dated January 19, 2001, the Court has determined that the appellant has failed to meet the burden of demonstrating that the claims pending on appeal are not related to any claims that remain pending below. See Mendez v. West Flagler Family Ass’n, 303 So.2d 1 (Fla.1974); Lemon v. Groninger, 708 So.2d 1025, 1026 (Fla. 5th DCA 1998). Thus, the order on appeal is not a final order appeal-able under rule 9.030(b)(1)(A), Florida Rules of Civil Procedure, or a partial final judgment reviewable under rule 9.110(k). Accordingly, this appeal is dismissed for lack of jurisdiction.

BARFIELD, C.J., WEBSTER and VAN NORTWICK, JJ., concur.

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778 So. 2d 1062, 2001 Fla. App. LEXIS 2131, 2001 WL 194644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernard-v-first-union-national-bank-fladistctapp-2001.

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