Florida District Courts of Appeal, 2004

Hargrove v. Meadows Development of Northwest Florida, Inc.

Florida District Courts of Appeal · Decided April 20, 2004 · Barfield, Browning, Lewis

869 So. 2d 1275; 2004 Fla. App. LEXIS 5416; 2004 WL 832895 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Hargrove v. Meadows Development of Northwest Florida, Inc. (Fla. Dist. Ct. App. 2004)

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Opinion of the Court

PER CURIAM.

The appellant brought this appeal seeking review of an order styled as a “Final Summary Judgment.” This order granted a motion for summary judgment and stated that the appellant holds no right, title, lien, or interest in the subject property. However, because a related counterclaim *1276arising out of the same construction project is still pending before the trial court, the instant order is not final nor is it a partial final judgment appealable pursuant to Florida Rule of Appellant Procedure 9.110(k). See S.L.T. Warehouse Co. v. Webb, 304 So.2d 97, 99-100 (Fla. 1974); Howland v. DOT, 826 So.2d 1080 (Fla. 1st DCA 2002). Therefore, we must dismiss this appeal for lack of jurisdiction. See Fla. R.App. P. 9.030(b)(1).

DISMISSED.

BARFIELD, BROWNING and LEWIS, JJ., concur.

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