Florida District Courts of Appeal, 2015

Julian v. Bay County District School Board

Julian v. Bay County District School Board
Florida District Courts of Appeal · Decided April 15, 2015 · Benton, Ray, Wolf
160 So. 3d 952; 2015 Fla. App. LEXIS 5498; 2015 WL 1650409 (Southern Reporter, Third Series)

Julian v. Bay County District School Board

Opinion of the Court

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. Cf. 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.

Dissenting 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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