09-4636 GEOFFREY H. ANDERSON, v. CAROLYN R. ANDERSON

State: Florida

Court: Florida First District Court

Docket No: 09-4636

Case Date: 03/25/2010

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

GEOFFREY H. ANDERSON, Appellant, v. CAROLYN R. ANDERSON, Appellee. _____________________________/ Opinion filed March 25, 2010.

CASE NO. 1D09-4636

An appeal from the Circuit Court for Leon County. Jackie Lee Fulford, Judge. Geoffrey H. Anderson, pro se, Appellant. Chris DelMarco, Tallahassee, for Appellee.

PER CURIAM. Upon consideration of the appellant's response to the Court's orders of October 16, 2009, and December 10, 2009, the Court has determined that claims disposed of by the lower tribunal in the order on appeal, (Count I for false accusation, Count II for defamation, Count III for scheme to defraud, and Count V

for perjury), are inextricably intertwined with those claims left pending (Count IV for theft and Count VI for intentional infliction of emotional distress). Therefore, the August 21, 2009, Order on Defendant's Motion to Dismiss does not constitute a partial final judgment subject to immediate review pursuant to Florida Rule of Appellate Procedure 9.110(k). Accordingly, the appeal is hereby dismissed as premature. In light of the dismissal, all pending motions are denied as moot. DISMISSED. WOLF, WEBSTER, and THOMAS, JJ., CONCUR.

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