11-0607 CABANA BEACH CLUN, LLC., v. KEYBANK NATIONAL ASSOCIATION, a National banking association, in its capacity as Administrative agent, for RBS Citizens, N.A., a National banking association, d/b/a

State: Florida

Court: Florida First District Court

Docket No: 11-0607

Case Date: 06/02/2011

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CABANA BEACH CLUB, LLC, Appellant, v. KEYBANK NATIONAL ASSOCIATION, a National banking association, in its capacity as Administrative agent for RBS Citizens, N.A., a National banking association, d/b/a, Charter One and successor to Charter One Bank, N.A., Integra Bank National Association, a national Banking association and KeyBank National Association, a national banking association, Appellee. _____________________________/ Opinion filed June 2, 2011. An appeal from the Circuit Court for Bay County. Dedee S. Costello, Judge. Joseph M. Cook, Miramar Beach; Mark D. Davis of Matthews Jones & Hawkins, LLP, DeFuniak Springs, for Appellant. No appearance for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-0607

PER CURIAM. Because the order on appeal merely grants a motion for summary judgment without entering a judgment of foreclosure, the order is not final. See McQuaig v. Wal-Mart Stores, Inc., 789 So. 2d 1215 (Fla. 1st DCA 2001). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. DAVIS, LEWIS, and WETHERELL, JJ., CONCUR.

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