HARBOUR BREEZE PLANTATION, LLC v. JANET S. HURST, individually, ADVANCED HOMES CONSTRUCTION, LLC, and FIRST AMERICAN TITLE INSURANCE COMPANY, d/b/a ASSOCIATED LAND TITLE GROUP

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA HARBOUR B R E E Z E NOT FINAL UNTIL TIME EXPIRES TO PLANTATION, LLC, FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D06-0269 JANET S. HURST, individually, ADVANCED HOMES CONSTRUCTION, LLC, and FIRST AMERICAN TITLE INSURANCE COMPANY, d/b/a ASSOCIATED LAND TITLE GROUP, Appellees. ___________________________/ Opinion filed September 13, 2006. An appeal from the Circuit Court for Walton County. W. Howard LaPorte, Judge. Amy A. Perry, David B. Pleat, and John B. Fuller, III, of Pleat & Perry, P.A., Destin, for Appellant. Clayton J. M. Adkinson, DeFuniak Springs, for Appellee Janet S. Hurst. PER CURIAM. Upon consideration of the appellant s response to the court s order of August 14, 2006, the court has determined that the order does not constitute a final order of dismissal. Specifically, although the order grants a motion to dismiss with regard to a party, the lower tribunal has not yet dismissed the individual as a party to the action. See generally Benton v. Moore, 655 So. 2d 1272, 1273 (Fla. 1st DCA 1995). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. DISMISSED. WOLF, VAN NORTWICK, and BROWNING, JJ., CONCUR. 2

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