Florida District Courts of Appeal, 2015

Holly Julian v. Bay County District School Board

Holly Julian v. Bay County District School Board
Florida District Courts of Appeal · Decided April 16, 2015

Holly Julian v. Bay County District School Board

Opinion

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA HOLLY JULIAN, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED v. CASE NO. 1D15-0597 BAY COUNTY DISTRICT SCHOOL BOARD, Appellee. _____________________________/ Opinion filed April 15, 2015.

An appeal from an order of the Circuit Court for Bay County.

Michael C. Overstreet, Judge.

Cecile M. Scoon, Panama City, for Appellant.

No appearance for Appellee.

PER CURIAM.

Having considered appellant’s responses to the Court’s orders of February 26, 2015, and March 13, 2015, the Court has determined that the appeal is premature. C.f. Hickox v. Taylor, 933 So. 2d 675 (Fla. 1st DCA 2006).

Accordingly, the appeal is dismissed without prejudice to seek review upon entry of a final order.

WOLF and RAY, JJ., CONCUR. BENTON, J., DISSENTS WITH OPINION.

BENTON, J., dissenting.

I respectfully dissent. As to the December 11, 2014, judgment, in my view, the appeal should be allowed to proceed as an appeal from a partial, final judgment. See Fla. R. App. P. 9.110(k). The order of January 8, 2015, denied rehearing as to the December 11, 2014, judgment insofar as it dismissed both counts one and two, the only counts addressed in the judgment.

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