Downrite Engineering Corp. v. Overland Carriers, Inc.

District Court of Appeal of Florida

Downrite Engineering Corp. v. Overland Carriers, Inc.

8 So. 3d 1279, 2009 Fla. App. LEXIS 5779, 2009 WL 1393415

CourtDistrict Court of Appeal of Florida

DecidedMay 20, 2009

Docket3D09-876

StatusPublished

This text of 8 So. 3d 1279 (Downrite Engineering Corp. v. Overland Carriers, Inc.) 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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Downrite Engineering Corp. v. Overland Carriers, Inc., 8 So. 3d 1279, 2009 Fla. App. LEXIS 5779, 2009 WL 1393415 (Fla. Ct. App. 2009).

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Opinion

LAGOA, Judge.

Downrite Engineering Corporation (“Downrite”) seeks review of an order granting Overland Carriers, Inc.’s (“Overland”) motion for final summary judgment. In response to the notice of appeal, Overland filed a motion to dismiss, or in the alternative, motion to temporarily relinquish jurisdiction, which asserts that the order appealed from is not a final order as it merely establishes entitlement to a judgment, but is not itself a judgment. Because “the law is settled that an order which merely grants a motion for summary judgment and does not otherwise contain the traditional words of finality is not a final order subject to appellate review,” we agree with Overland’s contention and dismiss the appeal as premature. See Lidsky Vaccaro & Montes, P.A. v. Morejon, 813 So.2d 146, 149 (Fla. 3d DCA 2002). Upon the issuance of a final judgment, Downrite may seek review of said order.

Appeal dismissed.

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LAGOA, Judge.

Downrite Engineering Corporation (“Downrite”) seeks review of an order granting Overland Carriers, Inc.’s (“Overland”) motion for final summary judgment. In response to the notice of appeal, Overland filed a motion to dismiss, or in the alternative, motion to temporarily relinquish jurisdiction, which asserts that the order appealed from is not a final order as it merely establishes entitlement to a judgment, but is not itself a judgment. Because “the law is settled that an order which merely grants a motion for summary judgment and does not otherwise contain the traditional words of finality is not a final order subject to appellate review,” we agree with Overland’s contention and dismiss the appeal as premature. See Lidsky Vaccaro & Montes, P.A. v. Morejon, 813 So.2d 146, 149 (Fla. 3d DCA 2002). Upon the issuance of a final judgment, Downrite may seek review of said order.

Appeal dismissed.

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8 So. 3d 1279, 2009 Fla. App. LEXIS 5779, 2009 WL 1393415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/downrite-engineering-corp-v-overland-carriers-inc-fladistctapp-2009.

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