08-0189 CARDIOTHORACIC AND VASCULAR SURGERY, P.A. v. WEST FLORIDA REGIONAL MEDICAL CENTER d/b/a WEST FLORIDA HOSPITAL and MARK R. DYLEWSKI

State: Florida

Court: Florida First District Court

Docket No: 08-0189

Case Date: 04/07/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CARDIOTHORACIC AND VASCULAR SURGERY, P.A., Appellant, v. WEST FLORIDA REGIONAL MEDICAL CENTER, d/b/a WEST FLORIDA HOSPITAL, and MARK R. DYLEWSKI, Appellees. _____________________________/

CASE NO. 1D08-0189

Opinion filed April 7, 2008. An appeal from the Circuit Court for Escambia County. Michael G. Allen, Judge. William R. Mitchell of Wm. Rod Mitchell P.A., Pensacola, for Appellant. Ricardo A. Banciella of Wampler Buchanan Walker Chabrow Banciella & Stanley, P.A., Miami, J. Jeffrey Deery and Andrew T. Dixon of Winderweedle, Haines, Ward & Woodman, P.A., Orlando, for Appellees.

PER CURIAM. The appellant seeks review of an "Order Granting Defendant's Motion for Summary Judgment." Because this order merely granted summary judgment in favor

of Mark R. Dylewski, without also entering judgment, the appellee filed a motion to dismiss arguing the order is not an appealable partial final judgment. We agree that the order on appeal does not contain sufficient language of finality to unequivocally bring an end to the required judicial labor, and therefore it failed to dispose of the case as to a party. Hoffman v. Hall, 817 So. 2d 1057, 1058 (Fla. 1st DCA 2002); McQuaig v. Wal-Mart Stores, Inc., 789 So. 2d 1215 (Fla. 1st DCA 2001); Monticello Ins. Co. v. Thompson, 743 So. 2d 1215, at 1216 (Fla. 1st DCA 1999). Similar to an order granting a motion for summary judgment, an order granting summary judgment, without more, is not a final order. Because the order on appeal did no more than grant summary judgment, the order is not final. Accordingly, we grant the appellee's motion and dismiss this appeal as premature. DISMISSED. ALLEN, WEBSTER, and DAVIS, JJ., CONCUR.

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