KELLEY'S FWB FOODS, INC., etc., et al v. CHOCTAW PLAZA, LTD.

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KELLEY S FWB FOODS, INC., a Florida Corporation, d/b/a KELLEY S SUPERVALU FOODS, CHARLES R. KELLEY, JR., and MICHAEL A. KELLEY, IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellants, v. CASE NO. 1D07-4248 CHOCTAW PLAZA, LTD., a Florida Limited Partnership Appellee. ___________________________/ Opinion filed November 6, 2007. An appeal from the Circuit Court for Okaloosa County. Thomas T. Remington, Judge. D. Michael Chesser and Allison R. Sebastian of Chesser & Barr, P. A., Shalimar, for Appellants. Michael W. Mead, Ft. Walton Beach, for Appellee. PER CURIAM. Upon consideration of the appellants responses to the Court s orders of September 11, 2007, and September 27, 2007, the Court has determined that the order on appeal is a non-appealable nonfinal order. See Raymond James & Assoc., Inc. v. Godshall, 851 So. 2d 879 (Fla. 1st DCA 2003). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. KAHN, PADOVANO, and HAWKES, JJ., CONCUR. 2

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