Romain v. Quinnell

District Court of Appeal of Florida

Romain v. Quinnell

937 So. 2d 824, 2006 Fla. App. LEXIS 15459, 2006 WL 2682741

CourtDistrict Court of Appeal of Florida

DecidedSeptember 20, 2006

DocketNo. 1D06-2888

StatusPublished

Cited by1 cases

This text of 937 So. 2d 824 (Romain v. Quinnell) 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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Romain v. Quinnell, 937 So. 2d 824, 2006 Fla. App. LEXIS 15459, 2006 WL 2682741 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

Having considered the appellant’s “Motion to Remand Case to Circuit Court and Hold Appeal in Abeyance Until Circuit Court Rules on Amended Complaint,” filed on August 21, 2006, which the Court hereby treats as a response to this Court’s order of August 8, 2006, the appeal is hereby dismissed for lack of jurisdiction. The order on appeal is neither a final order nor a nonfinal order appealable pursuant to Florida Rule of Appellate Procedure 9.130. Augustin v. Blount, 573 So.2d 104 (Fla. 1st DCA 1991). Further, the proper exercise of this Court’s discretion under Florida Rule of Appellate Procedure 9.110(Z) is to dismiss this appeal at this time, without prejudice to the appellant’s right to file a timely appeal from the final order entered in this matter. Benton v. Moore, 655 So.2d 1272 (Fla. 1st DCA 1995).

ERVIN and POLSTON, JJ., concur; HAWKES, J., concurs in result only.

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PER CURIAM.

Having considered the appellant’s “Motion to Remand Case to Circuit Court and Hold Appeal in Abeyance Until Circuit Court Rules on Amended Complaint,” filed on August 21, 2006, which the Court hereby treats as a response to this Court’s order of August 8, 2006, the appeal is hereby dismissed for lack of jurisdiction. The order on appeal is neither a final order nor a nonfinal order appealable pursuant to Florida Rule of Appellate Procedure 9.130. Augustin v. Blount, 573 So.2d 104 (Fla. 1st DCA 1991). Further, the proper exercise of this Court’s discretion under Florida Rule of Appellate Procedure 9.110(Z) is to dismiss this appeal at this time, without prejudice to the appellant’s right to file a timely appeal from the final order entered in this matter. Benton v. Moore, 655 So.2d 1272 (Fla. 1st DCA 1995).

ERVIN and POLSTON, JJ., concur; HAWKES, J., concurs in result only.

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937 So. 2d 824, 2006 Fla. App. LEXIS 15459, 2006 WL 2682741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romain-v-quinnell-fladistctapp-2006.

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