Florida District Courts of Appeal, 2004

Hamilton v. Ryan Foods Co.

Florida District Courts of Appeal · Decided March 11, 2004 · Barfield, Hawkes, Kahn

867 So. 2d 1217; 2004 Fla. App. LEXIS 2916; 2004 WL 438667 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Department of Business and Professional Regulation v. Florida Association of Wholesale Distributors, Inc. (Fla. Dist. Ct. App. 2016)
Altos Pointe Investment, LLC. v. MUNB Loan Holdings, LLC (Fla. Dist. Ct. App. 2013)
Blue v. Covington County Bank (Fla. Dist. Ct. App. 2012)
Sears, Roebuck & Co. v. King (Fla. Dist. Ct. App. 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Having considered the appellant’s response to this Court’s order of December 17, 2003, we dismiss this appeal as premature. The order on appeal reserved jurisdiction to determine collateral source set-offs, thereby rendering it nonfinal. Even assuming that the reservation of jurisdiction to determine collateral source set-offs could be extinguished by the parties’ failure to file a motion seeking such set-offs, *1218and assuming this left nothing further for the court to determine, nevertheless, the instant order would still be nonfinal. See Neuman v. Neuman, 858 So.2d 1273 (Fla. 1st DCA 2003); Ponton v. Gross, 576 So.2d 910, 911 (Fla. 1st DCA 1991).

DISMISSED.

BARFIELD, KAHN and HAWKES, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.