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Lampert v. Florida Birth-Related Neurological Injury Compensation Ass'n

District Court of Appeal of Florida, First District
Mar 14, 2006
922 So. 2d 1064 (Fla. Dist. Ct. App. 2006)

Opinion

No. 1D05-4077.

March 14, 2006.

An appeal from an order of the Division of Administrative Hearings.

Curt and Celia Lampert, pro se.

Tana D. Storey, Tallahassee, and Kenney Shipley, Injury Compensation Association, Tallahassee, for Appellee.


Having considered the appellants' response to this Court's order of December 8, 2005, this appeal is hereby DISMISSED for lack of jurisdiction. See Caufield v. Cantele, 837 So.2d 371, 375 (Fla. 2002) (reaffirming the traditional test for finality requiring that "no further action by the court will be necessary"); Ponton v. Gross, 576 So.2d 910 (Fla. 1st DCA 1991) (holding order that contains contingency allowing proceedings to continue is not a final order). The administrative order on appeal is not a final order. Specifically, this order reserves jurisdiction to address the specific accommodation or equipment needed by the appellants. This dismissal is without prejudice to the appellants' right to appeal once a final order disposing of the remaining issue has been entered.

BARFIELD, WOLF, and BROWNING, JJ., concur.


Summaries of

Lampert v. Florida Birth-Related Neurological Injury Compensation Ass'n

District Court of Appeal of Florida, First District
Mar 14, 2006
922 So. 2d 1064 (Fla. Dist. Ct. App. 2006)
Case details for

Lampert v. Florida Birth-Related Neurological Injury Compensation Ass'n

Case Details

Full title:Curt and Celia LAMPERT, Parents of Tyler Lampert, Appellants, v. FLORIDA…

Court:District Court of Appeal of Florida, First District

Date published: Mar 14, 2006

Citations

922 So. 2d 1064 (Fla. Dist. Ct. App. 2006)