JAMES R. BUCK, RYAN BUCK, OSCAR HAYES, and MCLEAN TECHNOLOGIES, INC. v. ITN/GRATE PALLETT, INC. and RICHARD S. LUDLOW

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JAMES R. BUCK, RYAN BUCK, OSCAR HAYES, and MCLEAN TECHNOLOGIES, INC., NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellants, CASE NO. 1D04-4441 v. ITN/GRATE PALLET, INC. and RICHARD S. LUDLOW, Appellees. ___________________________/ Opinion filed February 7, 2005. An appeal from the Circuit Court for Duval County. Charles W. Arnold, Judge. Richard R. Thames and Bradley R. Markey of Stutsman & Thames, P.A., Jacksonville, for Appellants. James H. Post of Smith, Hulsey & Busey, Jacksonville; Howell Hollis III, of Smith Moore, LLP, Atlanta, Georgia; Jacob A. Brown of Ackerman Senterfitt & Eidson, Jacksonville; William L. Finger, Jacksonville; and W. David Vaughn of Hayden, Facciolo & Vaughn, P.A., Jacksonville, for Appellees. PER CURIAM. Having considered the appellants response to this Court s order of October 26, 2004, this appeal is hereby DISMISSED. See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97 (Fla. 1974); Bennett s Leasing Inc. v. First Street Mortgage Corp., 870 So. 2d 93, 97-98 n.4 (Fla. 1st DCA 2003). Specifically, the order on appeal reserved jurisdiction to determine whether or not certain property will be included in the proposed sale of the assignor s property. Such a reservation necessarily renders the order on appeal nonfinal. ERVIN, BROWNING, and HAWKES, JJ., CONCUR.

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