Fidelity & Deposit Company of Maryland v. Hollenbeck & Sather/South, Inc., and Tallahassee etc.

• Court: District Court of Appeal of Florida
• Decided: June 12, 2016
• Docket: 16-1458
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

FIDELITY & DEPOSIT NOT FINAL UNTIL TIME EXPIRES TO COMPANY OF MARYLAND, FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D16-1458 v.

HOLLENBECK & SATHER/SOUTH, INC., AND TALLAHASSEE PROPERTIES I, LLC, A FOREIGN LIMITED LIABILITY COMPANY,

Appellees.

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Opinion filed June 13, 2016.

An appeal from an order of the Circuit Court for Leon County. James C. Hankinson, Judge.

Ty G. Thompson, of Mills Paskert Divers, Tampa, for Appellant.

Davisson F. Dunlap, Jr., of Dunlap & Shipman, P.A., Tallahassee; Monica L. Wilson and Brian M. Rowlson of Bradley Arant Boult Cummings, LLP, Charlotte, NC and Jason B. Gonzalez, of Shutts & Bowen LLP, Tallahassee, for Appellee (no appearances).

PER CURIAM.

Upon consideration of appellant’s response to the Court’s order of April 14,

2016, the Court has determined the appeal is premature. See Hickox v. Taylor, 933 So. 2d 675 (Fla. 1st DCA 2006) (concluding that order granting motion for

summary judgment but failing to enter judgment is not a final, appealable order).

Accordingly the appeal is DISMISSED.

ROWE, KELSEY, and JAY, JJ., CONCUR.