Florida District Courts of Appeal, 1990

Newman v. Everett

Newman v. Everett
Florida District Courts of Appeal · Decided June 13, 1990 · Garrett, Gunther, Walden
562 So. 2d 840; 1990 Fla. App. LEXIS 4272; 1990 WL 78972 (Southern Reporter, Second Series)

Newman v. Everett

Opinion of the Court

PER CURIAM.

We dismiss this appeal on the authority of Russell v. Russell, 507 So.2d 661 (Fla. 4th DCA 1987).

WALDEN and GUNTHER, JJ., concur. GARRETT, J., concurs specially with opinion.

Concurring Opinion

GARRETT, Judge,

concurring specially.

On March 13, 1989, appellants filed a Notice of Appeal of a March 7, 1989 order on appellees’ motion to dismiss. On June 26, 1989 the parties obtained a Final Judgment of Dismissal. Appellant has not appealed the final judgment. Our dismissal of this appeal on the authority of Russell should relate only to the March 7, 1989 order. If appellant now chooses to appeal the June 26, 1989 final judgment, another panel on another day will have to decide the timeliness of that appeal.

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