DR. JAMES J. WEAVER v. SCHOOL BOARD OF LEON COUNTY, FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DR. JAMES J. WEAVER, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D05-5165 SCHOOL BOARD OF LEON COUNTY, FLORIDA, Appellee. ___________________________/ Opinion filed December 21, 2006. An appeal from the Circuit Court for Leon County. Janet E. Ferris, Judge. Dr. James J. Weaver, pro se, Appellant. Deborah S. Minnis of Ausley & McMullen, Tallahassee, for Appellee. PER CURIAM. Upon consideration of the parties responses to the Court s orders of May 5, 2006, and July 18, 2006, the Court has determined that the September 20, 2005, Order on Plaintiff s Motion for an Immediate Hearing on Pending Motions, is not an appealable order. See generally Tieche v. Fla. Physicians Ins. Reciprocal, 431 So. 2d 287 (Fla. 5th DCA 1983)(holding that Florida Rule of Civil Procedure 1.540(b), which authorizes relief from final judgments or orders is applicable only to final orders). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. BROWNING, C. J., DAVIS, and LEWIS, JJ., CONCUR. 2

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