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Linkside at Baymeadows, Inc v. Rowe

District Court of Appeal of Florida, First District
Sep 7, 2010
43 So. 3d 884 (Fla. Dist. Ct. App. 2010)

Opinion

No. 1D10-0677.

September 7, 2010.

An appeal from the Circuit Court for Duval County. Marvin Gillman, Judge.

Kelly B. Mathis of Mathis Murphy, P.A., Jacksonville, for Appellant/Cross-Appellee.

Koko Head of the Law Office of Koko Head, P.A., St. Johns, for Appellees/Cross-Appellants.


Linkside at Baymeadows, Inc., timely filed this appeal seeking review of an order, entitled "Final Judgment," that entered a money judgment on Count V of the Complaint and reserved jurisdiction "to dispose of any remaining issues regarding satisfaction of the Claim of Lien. . . ." Steven and Janice Rowe filed a timely notice of cross-appeal seeking review of an earlier order that addressed Counts I-IV of the Complaint as well as the Counterclaim. Because these orders are not final, the appeal and cross-appeal are premature and must be dismissed for lack of jurisdiction. Fla.R.App.P. 9. 110(2 J; Odham v. Mouat, 484 So.2d 95 (Fla. 1st DCA 1986); Couch v. Tropical Breeze Resort Assn., Inc., 867 So.2d 1219 (Fla. 1st DCA 2004). Contrary to the appellees/cross-appellants' assertion, the remaining issue is interrelated with the other issues in this case involving homeowner's assessments and it is not merely attorney's fees.

DISMISSED.

DAVIS, BENTON, and CLARK, JJ., concur.


Summaries of

Linkside at Baymeadows, Inc v. Rowe

District Court of Appeal of Florida, First District
Sep 7, 2010
43 So. 3d 884 (Fla. Dist. Ct. App. 2010)
Case details for

Linkside at Baymeadows, Inc v. Rowe

Case Details

Full title:LINKSIDE AT BAYMEADOWS, , Appellant/Cross-Appellee, v. Steven and Janice…

Court:District Court of Appeal of Florida, First District

Date published: Sep 7, 2010

Citations

43 So. 3d 884 (Fla. Dist. Ct. App. 2010)