Summary
In White Palms of Palm Beach, Inc. v. Fox, 525 So.2d 518 (Fla. 4th DCA 1988), we applied this concept to an order which granted motions for summary judgment.
Summary of this case from Dobrick v. Discovery Cruises, Inc.Opinion
Nos. 87-3350, 88-0039.
June 1, 1988.
Consolidated appeals from the Circuit Court for Palm Beach County; John D. Wessel, Judge.
Michele I. Nelson of Paxton, Crow, Bragg Smith, P.A., West Palm Beach, for appellant-White Palms of Palm Beach, Inc.
Marilyn Martin of Bauman, Wurtenberger Schottenfeld, P.A., Plantation, for Herbert Fox and Barbara Fox.
John J. Bulfin of Wiederhold, Moses Bulfin, P.A., West Palm Beach, for appellee-Kaplan.
MOTION FOR DETERMINATION OF FINALITY OF ORDER AND FOR RELINQUISHMENT OF JURISDICTION
We determine that the "Order On Motion For Summary Judgment" which merely granted motions for summary judgment is a non-final, non-appealable order and as such the appeal must be dismissed for lack of jurisdiction. Palardy v. Igrec, 388 So.2d 1053 (Fla. 4th DCA 1980); Pompano Paint Co. v. Pompano Beach Bank and Trust Co., 208 So.2d 152 (Fla. 4th DCA 1968).
We deny the request for relinquishment of jurisdiction so that the trial court may enter a final judgment which will be appealable. Russell v. Russell, 507 So.2d 661 (Fla. 4th DCA 1987). See also Johnson v. First Bank of Gainesville, 491 So.2d 1217 (Fla. 1st DCA 1986).
APPEAL DISMISSED.
HERSEY, C.J., and WALDEN and GUNTHER, JJ., concur.