Dockery v. Hood

District Court of Appeal of Florida

Dockery v. Hood

889 So. 2d 221, 2004 Fla. App. LEXIS 19702, 2004 WL 2964122

CourtDistrict Court of Appeal of Florida

DecidedDecember 23, 2004

DocketNo. 1D04-4275

StatusPublished

Cited by2 cases

This text of 889 So. 2d 221 (Dockery v. Hood) 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.

Bluebook

Dockery v. Hood, 889 So. 2d 221, 2004 Fla. App. LEXIS 19702, 2004 WL 2964122 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

Although the order sought to be reviewed is captioned as a “Final Declaratory Judgment,” it lacks the requisite words of finality to make it a final order. Instead, it merely grants a motion for summary judgment and is therefore non-final. The appeal is therefore dismissed for lack of jurisdiction. See Arcangeli v. Albertson’s, Inc., 550 So.2d 557 (Fla. 5th DCA 1989); Monticello Insurance Co. v. Thompson, 743 So.2d 1215 (Fla. 1st DCA 1999). This disposition is without prejudice to appellant’s right to appeal upon entry of a final judgment. The trial court, however, lacks jurisdiction to enter such a judgment until conclusion of the appeal of a non-final order denying injunctive relief in Dockery v. Hood, case number 1D04-3492. See Fla. R.App. P. 9.130(f).

DISMISSED.

WOLF, C.J., WEBSTER and HAWKE S, JJ., concur.

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PER CURIAM.

Although the order sought to be reviewed is captioned as a “Final Declaratory Judgment,” it lacks the requisite words of finality to make it a final order. Instead, it merely grants a motion for summary judgment and is therefore non-final. The appeal is therefore dismissed for lack of jurisdiction. See Arcangeli v. Albertson’s, Inc., 550 So.2d 557 (Fla. 5th DCA 1989); Monticello Insurance Co. v. Thompson, 743 So.2d 1215 (Fla. 1st DCA 1999). This disposition is without prejudice to appellant’s right to appeal upon entry of a final judgment. The trial court, however, lacks jurisdiction to enter such a judgment until conclusion of the appeal of a non-final order denying injunctive relief in Dockery v. Hood, case number 1D04-3492. See Fla. R.App. P. 9.130(f).

DISMISSED.

WOLF, C.J., WEBSTER and HAWKE S, JJ., concur.

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889 So. 2d 221, 2004 Fla. App. LEXIS 19702, 2004 WL 2964122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dockery-v-hood-fladistctapp-2004.

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