DANIEL P. ARTHUR, and FLORENCE D. GATA, .v STEPHEN F. SMITH, EDITH ELLEN SMITH, and WAYNE E. DOUGLAS, SR.
Download as PDF
IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
DANIEL P. ARTHUR, and
FLORENCE D. GATA,
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
CASE NO. 1D08-5013
STEPHEN F. SMITH, EDITH
ELLEN SMITH, and WAYNE E.
Opinion filed January 30, 2009.
An appeal from the Circuit Court for Bradford County.
Peter K. Sieg, Judge.
Daniel P. Arthur, and Florence D. Gata, pro se, Appellants.
James J. Taylor, Keystone Heights, for Appellees.
The Court has determined that the claims disposed of by the orders on
appeal are inextricably intertwined with the claims and counterclaims that remain
pending, and that the appeal is therefore premature. Cf. Mass. Life Ins. Co. v.
Crapo, 918 So. 2d 393 (Fla. 1st DCA 2006). Accordingly, the appellees’ Motion
to Dismiss Appeal as Premature, filed on November 5, 2008, is hereby granted and
the appeal is dismissed for lack of jurisdiction.
The appellants’ Motion to
Supplement the Record, filed in November 12, 2008, is denied.
WOLF, LEWIS, and ROBERTS, JJ., CONCUR.