VERIZON BUSINESS PURCHASING, LLC., v. STATE OF FLORIDA, DEPARTMENT OF REVENUE, A STATE AGENCY

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA VERIZON BUSINESS PURCHASING, LLC, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D12-5313 v. STATE OF FLORIDA, DEPARTMENT OF REVENUE, A STATE AGENCY, Appellee. _____________________________/ Opinion filed February 5, 2013. An appeal from an order of the Circuit Court for Leon County. Terry P. Lewis, Judge. Michael J. Bowen and Peter O. Larsen, Akerman Senterfitt, Jacksonville; Katherine E. Giddings and Kristen M. Fiore, Akerman Senterfitt, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General, and J. Clifton Cox and Timothy E. Dennis, Assistant Attorneys General, Tallahassee, for Appellee. PER CURIAM. Upon consideration of appellant s response to the Court s order of December 5, 2012, the Court has determined that the claim disposed of by the lower tribunal in the order on appeal is inextricably intertwined with those claims left pending. Therefore, the order on appeal does not constitute a partial final judgment subject to immediate review pursuant to Florida Rule of Appellate Procedure 9.110(k). Accordingly, the appeal is hereby dismissed as premature. In light of the dismissal, all pending motions are denied as moot. CLARK, WETHERELL, and MAKAR, JJ., CONCUR. 2

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