Dempsey v. Russell

District Court of Appeal of Florida

Dempsey v. Russell

923 So. 2d 1249, 2006 Fla. App. LEXIS 4185, 2006 WL 727781

CourtDistrict Court of Appeal of Florida

DecidedMarch 23, 2006

DocketNo. 1D05-5806

StatusPublished

This text of 923 So. 2d 1249 (Dempsey v. Russell) 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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Dempsey v. Russell, 923 So. 2d 1249, 2006 Fla. App. LEXIS 4185, 2006 WL 727781 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

The appellants brought this appeal seeking review of an “Order on Defendant’s Motion for Summary Judgment.” This order granted the motion for summary judgment as to certain counts of the complaint but denied the motion as to another count. The order did not enter judgment on the motion and is not an appealable order. Dixon v. Allstate Ins. Co., 609 So.2d 71 (Fla. 1st DCA 1992); Wyatt v. National Bank of Commerce, 859 So.2d 629 (Fla. 1st DCA 2003). Further, it is not clear whether the order on appeal would be appealable as a partial final judgment even had it entered judgment because it is not clear that it disposed of a separate and distinct cause of action. Odham v. Mouat, 484 So.2d 95, 96 (Fla. 1st DCA 1986).

DISMISSED.

KAHN, C.J., LEWIS and POLSTON, JJ., concur.

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PER CURIAM.

The appellants brought this appeal seeking review of an “Order on Defendant’s Motion for Summary Judgment.” This order granted the motion for summary judgment as to certain counts of the complaint but denied the motion as to another count. The order did not enter judgment on the motion and is not an appealable order. Dixon v. Allstate Ins. Co., 609 So.2d 71 (Fla. 1st DCA 1992); Wyatt v. National Bank of Commerce, 859 So.2d 629 (Fla. 1st DCA 2003). Further, it is not clear whether the order on appeal would be appealable as a partial final judgment even had it entered judgment because it is not clear that it disposed of a separate and distinct cause of action. Odham v. Mouat, 484 So.2d 95, 96 (Fla. 1st DCA 1986).

DISMISSED.

KAHN, C.J., LEWIS and POLSTON, JJ., concur.

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923 So. 2d 1249, 2006 Fla. App. LEXIS 4185, 2006 WL 727781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dempsey-v-russell-fladistctapp-2006.

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