08-0606 SCOTTY McPHERSON v. CITIZENS PROPERTY INS. CORP.

State: Florida

Court: Florida First District Court

Docket No: 08-0606

Case Date: 08/07/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA SCOTTY E. McPHERSON, Appellant, v. CITIZENS PROPERTY INSURANCE CORPORATION, a Florida Corporation, Appellee. _____________________________/ Opinion filed August 7, 2008. An appeal from the Circuit Court for Escambia County. Nickolas P. Geeker, Judge. Phillip S. Howell and Kristian P. Kraszewski of Galloway, Johnson, Tompkins, Burr & Smith, P.L.C., Pensacola, for Appellant. G. Alan Howard and Robert M. Dees of Milam, Howard, Nicandri, Dees & Gillam, P.A., Jacksonville, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D08-0606

PER CURIAM. Having considered the appellee's motion to dismiss, the appellant's response, as well as the pleadings and orders entered in this cause, the appellee's motion to dismiss, filed on April 28, 2008, is GRANTED. The order on appeal ruled on a

motion to vacate and set aside a nonfinal order, which is not immediately appealable. Bennett's Leasing v. First Street Mortgage Corp., 870 So. 2d 93, 98 (Fla. 1st DCA 2003). Therefore, this Court lacks appellate jurisdiction and this appeal is hereby DISMISSED. ALLEN, DAVIS, and LEWIS, JJ., CONCUR.

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