Mincey v. Crosby

District Court of Appeal of Florida

Mincey v. Crosby

886 So. 2d 259, 2004 Fla. App. LEXIS 15678, 2004 WL 2375900

CourtDistrict Court of Appeal of Florida

DecidedOctober 25, 2004

DocketNo. 1D04-2872

StatusPublished

This text of 886 So. 2d 259 (Mincey v. Crosby) 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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Mincey v. Crosby, 886 So. 2d 259, 2004 Fla. App. LEXIS 15678, 2004 WL 2375900 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of July 19, 2004, the Court has concluded that the order on appeal is not final. Specifically, although the Department of Corrections’ counterclaim for reimbursement of incarceration costs is unrelated to the pending medical malpractice suit, the order on appeal does not represent a final adjudication of the counterclaim because the issue of the total amount of damages due remains pending. See Hernando County v. Leisure Hills, Inc., 648 So.2d 257 (Fla. 5th DCA 1994). Accordingly, the appeal is hereby dismissed for lack of jurisdiction.

DAVIS, BROWNING and HAWKES, JJ., concur.

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PER CURIAM.

Upon consideration of the appellant’s response to the Court’s order of July 19, 2004, the Court has concluded that the order on appeal is not final. Specifically, although the Department of Corrections’ counterclaim for reimbursement of incarceration costs is unrelated to the pending medical malpractice suit, the order on appeal does not represent a final adjudication of the counterclaim because the issue of the total amount of damages due remains pending. See Hernando County v. Leisure Hills, Inc., 648 So.2d 257 (Fla. 5th DCA 1994). Accordingly, the appeal is hereby dismissed for lack of jurisdiction.

DAVIS, BROWNING and HAWKES, JJ., concur.

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886 So. 2d 259, 2004 Fla. App. LEXIS 15678, 2004 WL 2375900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mincey-v-crosby-fladistctapp-2004.

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