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Kineard v. State

District Court of Appeal of Florida, First District
Aug 7, 2008
987 So. 2d 1231 (Fla. Dist. Ct. App. 2008)

Opinion

No. 1D08-2210.

August 7, 2008.

Appeal from the Circuit Court, Leon County, William L. Gary, J.

Ben R. Patterson of Patterson Traynham, Tallahassee, for Appellant.

John A. Raymaker, Assistant General Counsel for Department of Juvenile Justice, Tallahassee, for Appellee.


This cause is before the Court on appeal from an "Order Vacating Arbitrator's Award," dated April 11, 2008. This order is not appealable as a final order because it vacates a portion of the arbitrator's award without entering judgment thereon. See § 682.15, Fla. Stat. (2007); City of Tallahassee v. Big Bend PBA, 703 So.2d 1066, 1069 (Fla. 1st DCA 1997); Health Care Associates, Inc. v. Brevard Physicians Group, 701 So.2d 118 (Fla. 5th DCA 1997). The order is not appealable as a nonfinal order pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i) because it does not determine the "jurisdiction of the person" as that term is used in the rule. See Fisher v. International Longshoremen's Ass'n, 827 So.2d 1096 (Fla. 1st DCA 2002) (holding order that relates to the right to maintain an action is not appealable pursuant to Rule 9.130(a)(3)(C)(i)).

DISMISSED.

KAHN, PADOVANO, and HAWKES, JJ., concur.


Summaries of

Kineard v. State

District Court of Appeal of Florida, First District
Aug 7, 2008
987 So. 2d 1231 (Fla. Dist. Ct. App. 2008)
Case details for

Kineard v. State

Case Details

Full title:Freddie KINEARD, Appellant, v. STATE of Florida, DEPARTMENT OF JUVENILE…

Court:District Court of Appeal of Florida, First District

Date published: Aug 7, 2008

Citations

987 So. 2d 1231 (Fla. Dist. Ct. App. 2008)