Mahaney v. King

District Court of Appeal of Florida

Mahaney v. King

862 So. 2d 867, 2003 Fla. App. LEXIS 18795, 2003 WL 22927158

CourtDistrict Court of Appeal of Florida

DecidedDecember 12, 2003

DocketNo. 5D03-137

StatusPublished

This text of 862 So. 2d 867 (Mahaney v. King) 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

Mahaney v. King, 862 So. 2d 867, 2003 Fla. App. LEXIS 18795, 2003 WL 22927158 (Fla. Ct. App. 2003).

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Opinion

PALMER, J.

In this pro se appeal, Glenda Mahaney appeals the non-final order entered by the trial court granting appellee Mary King’s motion to disburse funds from the court registry. We dismiss this appeal on the basis of lack of jurisdiction because the appeal was taken from a non-final, non-appealable order. See Philip Morris Inc. v. Jett, 802 So.2d 353 (Fla. 3d DCA 2001), rev. denied, 821 So.2d 300 (Fla.2002)(explaining that where a post-judgment motion triggers a new proceeding with disputed issues to be resolved by trial court and which will culminate in a final order, the issues raised will be appealable when final judgment is entered). In so ruling, we note that the dismissal is without prejudice to Mahaney^ entitlement to appeal the issues raised sub judice once a final disbursement order is entered.

DISMISSED.

SAWAYA, C.J., and MONACO, J., concur.

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PALMER, J.

In this pro se appeal, Glenda Mahaney appeals the non-final order entered by the trial court granting appellee Mary King’s motion to disburse funds from the court registry. We dismiss this appeal on the basis of lack of jurisdiction because the appeal was taken from a non-final, non-appealable order. See Philip Morris Inc. v. Jett, 802 So.2d 353 (Fla. 3d DCA 2001), rev. denied, 821 So.2d 300 (Fla.2002)(explaining that where a post-judgment motion triggers a new proceeding with disputed issues to be resolved by trial court and which will culminate in a final order, the issues raised will be appealable when final judgment is entered). In so ruling, we note that the dismissal is without prejudice to Mahaney^ entitlement to appeal the issues raised sub judice once a final disbursement order is entered.

DISMISSED.

SAWAYA, C.J., and MONACO, J., concur.

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Bluebook (online)

862 So. 2d 867, 2003 Fla. App. LEXIS 18795, 2003 WL 22927158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mahaney-v-king-fladistctapp-2003.

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