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Wellborn v. Cannon

District Court of Appeal of Florida, First District
Jun 24, 2004
879 So. 2d 647 (Fla. Dist. Ct. App. 2004)

Opinion

No. 1D04-1867.

June 24, 2004.

An appeal from the Circuit Court for Walton County. David W. Green, Judge.

H. Bart Fleet of Fleet, Spencer, Martin Kilpatrick, P.A., Shalimar, for Appellants.

Daniel C. Campbell, Crestview; Edward P. Fleming, Pensacola; Chris Cadenhead, Destin; Shannon Porath, Santa Rosa Beach; and Belinda B. Dekozan, Pensacola, for Appellees.


Upon consideration of the appellants' response to the Court's order of May 11, 2004, the Court has determined that the order on appeal is not final. Specifically, because the order reserves jurisdiction to reconsider its decision not to establish a period for the filing of claims, the judicial labor has not been brought to a close and the order is not final. See generally McGurn v. Scott, 596 So.2d 1042 (Fla. 1992) (holding that a reservation to consider an issue that is inherent in the case interferes with the finality of an order). Accordingly, the appeal is dismissed for lack of jurisdiction.

WEBSTER, VAN NORTWICK and POLSTON, JJ., Concur.


Summaries of

Wellborn v. Cannon

District Court of Appeal of Florida, First District
Jun 24, 2004
879 So. 2d 647 (Fla. Dist. Ct. App. 2004)
Case details for

Wellborn v. Cannon

Case Details

Full title:Jack J. WELLBORN, Jr., and WRC Development, Inc., Appellants, v. Shane L…

Court:District Court of Appeal of Florida, First District

Date published: Jun 24, 2004

Citations

879 So. 2d 647 (Fla. Dist. Ct. App. 2004)