Kea v. Goodyear Tire & Rubber Co.

District Court of Appeal of Florida

Kea v. Goodyear Tire & Rubber Co.

798 So. 2d 858, 2001 Fla. App. LEXIS 15636, 2001 WL 1356508

CourtDistrict Court of Appeal of Florida

DecidedNovember 6, 2001

DocketNo. 1D01-2331

StatusPublished

This text of 798 So. 2d 858 (Kea v. Goodyear Tire & Rubber Co.) 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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Kea v. Goodyear Tire & Rubber Co., 798 So. 2d 858, 2001 Fla. App. LEXIS 15636, 2001 WL 1356508 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

On August 3, 2001, the appellant filed a Motion to Dismiss the appeal of an order of the lower tribunal entered on May 8, 2001. On September 7, 2001, the appellant filed a Notice of Withdrawal of Appellants’ Motion to Dismiss. The Court now treats [859]*859the notice of withdrawal as a motion to withdraw the appellant’s motion to dismiss the appeal. Having considered the appellant’s motions, the Court has determined that the May 8, 2001, order is a non-final order that is not independently appealable. Consequently, the appeal is hereby dismissed for lack of jurisdiction. Furthermore, the Appellee’s Motion to Strike Notice of Appeal and Portions of the Record on appeal is denied. See Wynn v. State, 557 So.2d 188, 190 (Fla. 1st DCA 1990); White v. State, 267 So.2d 360 (Fla. 2d DCA 1972).

MINER, WOLF, and BENTON, JJ„ CONCUR.

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PER CURIAM.

On August 3, 2001, the appellant filed a Motion to Dismiss the appeal of an order of the lower tribunal entered on May 8, 2001. On September 7, 2001, the appellant filed a Notice of Withdrawal of Appellants’ Motion to Dismiss. The Court now treats [859]*859the notice of withdrawal as a motion to withdraw the appellant’s motion to dismiss the appeal. Having considered the appellant’s motions, the Court has determined that the May 8, 2001, order is a non-final order that is not independently appealable. Consequently, the appeal is hereby dismissed for lack of jurisdiction. Furthermore, the Appellee’s Motion to Strike Notice of Appeal and Portions of the Record on appeal is denied. See Wynn v. State, 557 So.2d 188, 190 (Fla. 1st DCA 1990); White v. State, 267 So.2d 360 (Fla. 2d DCA 1972).

MINER, WOLF, and BENTON, JJ„ CONCUR.

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798 So. 2d 858, 2001 Fla. App. LEXIS 15636, 2001 WL 1356508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kea-v-goodyear-tire-rubber-co-fladistctapp-2001.

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