Summary
dismissing appeal as premature because order merely denies motion for summary judgment and is not an appealable final order
Summary of this case from Aten v. Dell Air HeatingOpinion
No. 1D07-0288.
March 21, 2007.
An appeal from the Circuit Court for Suwannee County. David W. Fina, Judge.
Donna S. Biggins of Penson Padgett, P.A., Tallahassee, for Appellant.
Kris B. Robinson, Lake City, for Appellee.
Having considered the appellant's response to this Court's order dated February 16, 2007, this appeal is hereby DISMISSED as premature. The instant order merely denied a motion for summary judgment, which is not an appealable final order. Better Government Ass'n of Sarasota County, Inc. v. State, 802 So.2d 414, 415 (Fla. 2d DCA 2001). The appellant's motion to relinquish jurisdiction, filed on February 22, 2007, is hereby denied. Benton v. Moore, 655 So.2d 1272, 1273 (Fla. 1st DCA 1995).
ALLEN, DAVIS, and BENTON, JJ., concur.