OSBORNE J. HART v. PEOPLES GAS SYSTEM, a Florida Corporation, BERMAN BROTHERS, a Florida Corporation, MILTON BERMAN, Individually, and FLORENCE BERMAN, as Personal Representative of the Estate of HARRY W. BERMAN, Deceased
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA OSBORNE J. HART, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D03-2892 PEOPLES GAS SYSTEM, a Florida Corporation, BERMAN BROTHERS, a Florida Corporation, MILTON BERMAN, Individually, and FLORENCE BERMAN, as Personal Representative of the Estate of HARRY W. BERMAN, Deceased, Appellee. ___________________________/ Opinion filed September 26, 2003. An appeal from the Circuit Court for Duval County. L. Haldane Taylor, Judge. Donald W. St. Denis, Brett A. Hastings and John J. Glenn of Anderson Law Offices, Jacksonville, for Appellant. Timothy McDermott of Akerman, Senterfitt & Eidson, Jacksonville; Frank Hession of Matthews & Hession, Jacksonville; and Pedro F. Bajo, Jr., of Akerman, Senterfitt & Eidson, Tampa, for Appellee. PER CURIAM. Upon consideration of the appellant s response to the Court s show cause order of July 24, 2003, the Court has determined that the order on appeal, an order granting a motion to dismiss one count of a multi-count complaint, is not a final order. See Benton v. Moore, 655 So. 2d 1272, 1273 (Fla. 1st DCA 1995); S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 100 (Fla. 1974). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. The appellant s request for an extension of time within which to file the docketing statement is denied as moot. DISMISSED. BARFIELD, BENTON and VAN NORTWICK, JJ., CONCUR.
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