STEPHEN CROSSLAND, etc. v. MARCOBAY CONSTRUCTION, INC., etc., et al

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STEPHEN CROSSLAND, as Personal Representative of the ESTATE OF BARBARA ANN CROSSLAND, + Appellant, 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 v. CASE NO. 1D07-4567 MARCOBAY CONSTRUCTION, INC., a Florida corporation, ARTHUR FOX, an individual, DREW BRADY, an individual, and STEPHEN COWPERTHWAITE, an individual, Appellees. ___________________________/ Opinion filed October 30, 2007. An appeal from the Circuit Court for Duval County. Charles O. Mitchell, Jr., Judge. Michael P. Moran and Renee Daigle Harrell of Harrell & Harrell, P. A., Jacksonville, for Appellant. William M. Corley of Marks Gray, P.A., Jacksonville, for Appellees Marcobay Construction, Inc., Drew Brady, and Stephen Cowperthwaite; and Deborah Halvorsen of O Hara Law Firm, P.A., Jacksonville, for Appellee Arthur Fox. PER CURIAM. Upon consideration of the appellant s response to the Court s order of September 24, 2007, the Court has determined that it lacks jurisdiction to review the order on appeal. The appellant has sought review of an Order on Defendants Drew Brady and Stephen Cowperthwaite s Motion for Final Summary Judgment. However, because the order merely grants a motion for summary judgment and fails to actually enter judgment, it is not a final appealable order. See Hickox v. Taylor, 933 So. 2d 675 (Fla. 1st DCA 2006). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. ALLEN, VAN NORTWICK, and ROBERTS, JJ., CONCUR. 2

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