CARL IVEY CARTER v. MARTHA JANE CARTER

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CARL IVEY CARTER, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D05-0325 MARTHA JANE CARTER, Appellee. ___________________________/ Opinion filed March 30, 2005. An appeal from the Circuit Court for Columbia County. George H. Pierce, Judge. Barry L. Zisser of Zisser, Robinson, Brown, Nowlis & Maciejewski, P.A., Jacksonville; James P. Judkins of Judkins, Simpson, High & Villeneuve, Tallahassee, for Appellant. Samuel S. Jacobson, Jacksonville, for Appellee. PER CURIAM. Having considered the appellant s response, filed on February 21, 2005, to this Court s order of February 11, 2005, the appeal is hereby dismissed as premature. See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974); Hoffman v. O Connor, 802 So. 2d 1197 (Fla. 1st DCA 2002). This dismissal is without prejudice to the appellant's right to file a timely notice of appeal once a final order disposing of the remaining issues regarding equitable distribution has been entered. ALLEN, KAHN and HAWKES, JJ., CONCUR. 2

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