WALTER WYATT v. NATIONAL BANK OF COMMERCE and KEVIN GAY FAMILY LLC.
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA WALTER WYATT, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D03-2126 NATIONAL BANK OF COMMERCE and KEVIN GAY FAMILY LLC, Appellee. ___________________________/ Opinion filed November 26, 2003. An appeal from the Circuit Court for Duval County. Hugh A. Carithers, Judge. Scott B. Parks of Parks and Associates, Jacksonville, for Appellant. Marc L. Schatten, Memphis, Tenn., and Chad Walker, Jacksonville, for Appellee. PER CURIAM. The appellant bought this appeal seeking review of an order that granted a motion for summary judgment. However, because the order on appeal did not enter judgment, the order is not final and this Court lacks appellate jurisdiction to review it. Cf. McQuaig v. Wal-Mart Stores, Inc. , 789 So. 2d 1215 (Fla. 1st DCA 2001). See generally Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995). As the appellant concedes that the instant order is not appealable, the appeal is hereby DISMISSED. This dismissal is without prejudice to the appellant's right to file a timely notice of appeal once a final order has been entered. VAN NORTWICK, PADOVANO and HAWKES, JJ., CONCUR. 2
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