Legal Opinion · Concurrence

Rushing v. Rushing

District Court of Appeal of Florida

Decided February 17, 2014No. 1D10-6522Published

1ConcurrenceWetherell, J.

I agree that the challenged order is not “final” and, thus, we lack jurisdiction to *924review the order at this time. That said, because of the additional delays and expense that resulted from this court’s denial of Appellee’s February 2012 motion to dismiss this appeal for lack of jurisdiction, I would have been inclined to exercise our discretion under Florida Rule of Appellate Procedure 9.110(i) to permit the trial court to render a final order if review of the challenged order were governed by rule 9.110.1 However, review of the challenged order is governed by rule 9.130(a)(4), not rule…

2Cases cited3 opinions

  1. Demont v. DemontDistrict Court of Appeal of Florida · 2009
  2. Remington v. RemingtonDistrict Court of Appeal of Florida · 1997
  3. Bill Holt Sales & Leasing, Inc. v. CousinsDistrict Court of Appeal of Florida · 2005

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API