WILLIAM R. DEMPSEY, LINDA S. DEMPSEY, f/k/a LINDA A. STILLMAN, and GIGI DEMPSEY v. PHILIP LEE RUSSELL, d/b/a RUSSEL HOME BUILDERS, MICHAEL QUINN SARRA d/b/a ALL SEASONS SERVICE NETWORK
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA WILLIAM R. DEMPSEY, LINDA S. DEMPSEY, f/k/a LINDA A. STILLMAN, and GIGI DEMPSEY, Appellants, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D05-5806 v. PHILIP LEE RUSSELL, d/b/a RUSSELL HOME BUILDERS, MICHAEL QUINN SARRA d/b/a ALL SEASONS SERVICE NETWORK, Appellees. ___________________________/ Opinion filed March 23, 2006. An appeal from the Circuit Court for Escambia County. Jan Shackelford, Judge. Shari Thieman Green of Lisa S. Minshew, P.A., Pensacola, for Appellants. George W. Hatch of Kubicki Draper, Tallahassee; Linda Hohlt Wade of Schofield & Wade, Pensacola; and L. L. Roane, III, of Scofield, Wade, Roane & Shoemaker, P.A., Pensacola, for Appellees. PER CURIAM. The appellants brought this appeal seeking review of an Order on Defendant s Motion for Summary Judgment. This order granted the motion for summary judgment as to certain counts of the complaint but denied the motion as to another count. The order did not enter judgment on the motion and is not an appealable order. Dixon v. Allstate Ins. Co., 609 So. 2d 71 (Fla. 1st DCA 1992); Wyatt v. National Bank of Commerce, 859 So. 2d 629 (Fla. 1st DCA 2003). Further, it is not clear whether the order on appeal would be appealable as a partial final judgment even had it entered judgment because it is not clear that it disposed of a separate and distinct cause of action. Odham v. Mouat, 484 So. 2d 95, 96 (Fla. 1st DCA 1986). DISMISSED. KAHN, C.J., LEWIS and POLSTON, JJ., CONCUR.
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