Waldrop v. Lafayette County

941 So. 2d 1205, 2006 Fla. App. LEXIS 19080, 2006 WL 3299381

Opinion

PER CURIAM.

Having considered the appellant’s response filed on September 5, 2006, the appeal is hereby DISMISSED for lack of jurisdiction. See Fla. R.App. P. 9.030(b)(1); Caufield v. Cantele, 837 So.2d 371, 375 (Fla.2002) (reaffirming the traditional test of finality). The order on appeal, which granted a motion to strike and struck the appellant’s pleading filed April 27, 2006, is neither a final order nor an appealable nonfinal order under Florida Rule of Appellate Procedure 9.130. This dismissal is without prejudice to the appellant’s right to file a timely appeal when a final order is entered. In light of the dismissal of this appeal, all pending motions are denied as moot.

WEBSTER, VAN NORTWICK, and PADOVANO, JJ., concur.