Geison v. University of Florida Board of Trustee

District Court of Appeal of Florida

Geison v. University of Florida Board of Trustee

857 So. 2d 942, 2003 Fla. App. LEXIS 14975, 2003 WL 22287868

District Court of Appeal of Florida·Decided October 7, 2003·No. No. 1D03-2460·Published

Opinion

PER CURIAM.

Upon consideration of the appellant’s response to the Court’s sua sponte order of August 7, 2003, the Court has determined that the order on appeal is not final. See Carlton v. Wal-Mart Stores, Inc., 621 So.2d 451 (Fla. 1st DCA 1993)(holding that an order dismissing a complaint without prejudice is not considered final unless it is clear that the dismissal is intended to be without prejudice to initiate another separate action). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. The appellee’s motion to dismiss, filed on August 1, 2003, is denied as moot.

WOLF, C.J., BROWNING and HAWKES, JJ., concur.

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PER CURIAM.

Upon consideration of the appellant’s response to the Court’s sua sponte order of August 7, 2003, the Court has determined that the order on appeal is not final. See Carlton v. Wal-Mart Stores, Inc., 621 So.2d 451 (Fla. 1st DCA 1993)(holding that an order dismissing a complaint without prejudice is not considered final unless it is clear that the dismissal is intended to be without prejudice to initiate another separate action). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. The appellee’s motion to dismiss, filed on August 1, 2003, is denied as moot.

WOLF, C.J., BROWNING and HAWKES, JJ., concur.

Geison v. University of Florida Board of Trustee, 857 So. 2d 942, 2003 Fla. App. LEXIS 14975, 2003 WL 22287868 (Fla. Ct. App. 2003).

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