THEODORE M. PERKINS, JR., v. JAMES LEE WHITMIRE AND J. ALAN KOHR, CO-REPRESENTATIVES OF THE ESTATE OF WARREN TAYLOR WHITMIRE

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA THEODORE M. PERKINS, JR., Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-3395 JAMES LEE WHITMIRE AND J. ALAN KOHR, COREPRESENTATIVES OF THE ESTATE OF WARREN TAYLOR WHITMIRE, Appellees. _____________________________/ Opinion filed August 31, 2011. An appeal from the Circuit Court for Okaloosa County. William F. Stone, Judge. John N.C. Ledbetter of Ledbetter & Associates, P.A., Destin; and Samuel B. Taylor of Samuel B. Taylor, P.A., Destin, for Appellant. Scott A. Remington of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola, for Appellees. PER CURIAM. Upon consideration of the appellant s response to the Court s order of July 28, 2011, the Court has determined that the Amended Final Judgment is not a final order because it fails to conclude the judicial labor in the case. Accordingly, the appeal is dismissed as premature. The appellant s Emergency Motion to Stay Appeal and Remand to the Trial Court; or in the Alternative, Petition for Writ of Certiorari, filed on July 13, 2011, is denied. DAVIS, PADOVANO, and RAY, JJ., CONCUR. 2

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