Rivera v. State

District Court of Appeal of Florida

Rivera v. State

109 So. 3d 847, 2013 WL 856716, 2013 Fla. App. LEXIS 3764

CourtDistrict Court of Appeal of Florida

DecidedMarch 8, 2013

DocketNo. 1D12-6002

StatusPublished

This text of 109 So. 3d 847 (Rivera v. State) 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

Rivera v. State, 109 So. 3d 847, 2013 WL 856716, 2013 Fla. App. LEXIS 3764 (Fla. Ct. App. 2013).

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Opinion

PER CURIAM.

Appellant has sought review of an Order Denying Motion to Remove Lien. Review of such an order would ordinarily be called up for review in an appeal from the final order entered concluding the action below. Mathews v. Risk Management, 16 So.3d 230 (Fla. 1st DCA 2009). Here, however, no final order has yet been entered. See Benton v. Moore, 655 So.2d 1272 (Fla. 1st DCA 1995) (dismissing appeal as premature where order granted motion to dismiss without dismissing action). Thus, the appeal is premature and must be dismissed. The dismissal is without prejudice to appellant’s right to seek review upon the rendition of a final order disposing of the petition for writ of mandamus.

BENTON, C.J., WOLF and SWANSON, JJ., concur.

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PER CURIAM.

Appellant has sought review of an Order Denying Motion to Remove Lien. Review of such an order would ordinarily be called up for review in an appeal from the final order entered concluding the action below. Mathews v. Risk Management, 16 So.3d 230 (Fla. 1st DCA 2009). Here, however, no final order has yet been entered. See Benton v. Moore, 655 So.2d 1272 (Fla. 1st DCA 1995) (dismissing appeal as premature where order granted motion to dismiss without dismissing action). Thus, the appeal is premature and must be dismissed. The dismissal is without prejudice to appellant’s right to seek review upon the rendition of a final order disposing of the petition for writ of mandamus.

BENTON, C.J., WOLF and SWANSON, JJ., concur.

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Bluebook (online)

109 So. 3d 847, 2013 WL 856716, 2013 Fla. App. LEXIS 3764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-v-state-fladistctapp-2013.

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