Malu v. City of Gainesville

Malu v. City of Gainesville, 872 So. 2d 445 (Fla. Dist. Ct. App. 2004)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: May 13, 2004
Docket: No. 1D04-0049
Judges: Per Curiam
Citations: 872 So. 2d 4452004 Fla. App. LEXIS 66662004 WL 1068080

Cited by 3 1 descriptions by later courts

Opinion — Per Curiam

872 So.2d 445 (2004)

Steve T. MALU, Appellant,

CITY OF GAINESVILLE, Appellee.

No. 1D04-0049.

District Court of Appeal of Florida, First District.

May 13, 2004.

Appellant, pro se.

Thomas M. Gonzalez and Jennifer Zumarraga of Thompson, Sizemore & Gonzalez, Tampa, for Appellee.

PER CURIAM.

Upon consideration of the appellant's responses to the Court's orders of February 18, 2004, and March 24, 2004, the Court has determined that the order is not final because, although the order grants a motion for summary judgment, it fails to enter judgment. C.f. McQuaig v. Wal-Mart Stores, Inc., 789 So.2d 1215 (Fla. 1st DCA 2001). A determination that "final judgment shall be entered," is insufficient to unequivocally demonstrate finality. Id. Accordingly, the appeal is hereby dismissed for lack of jurisdiction.

BARFIELD, DAVIS and POLSTON, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(holding that order granting motion for summary judgment and determining that “final judgment shall be entered” is insufficient to demonstrate an unequivocal completion of the lower tribunal’s judicial labor)

State, Dep't of Revenue v. Brown, 29 So. 3d 437 (Fla. Dist. Ct. App. 2010)

Cited by 3 cases

View all citing references →

State Appellate Courts3

Relies on it most ⓘ

State v. Floyd872 So. 2d 445 (Fla. Dist. Ct. App. 2004)
State, Department of Revenue v. Brown29 So. 3d 437 (Fla. Dist. Ct. App. 2010)
Bennett v. Walton County138 So. 3d 1203 (Fla. Dist. Ct. App. 2014)

Most recent

Bennett v. Walton County138 So. 3d 1203 (Fla. Dist. Ct. App. 2014)
State, Department of Revenue v. Brown29 So. 3d 437 (Fla. Dist. Ct. App. 2010)
State v. Floyd872 So. 2d 445 (Fla. Dist. Ct. App. 2004)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	McQuaig v. Wal-Mart Stores, Inc., 789 So. 2d 1215 (Fla. Dist. Ct. App. 2001)	19
	State v. Floyd, 872 So. 2d 445 (Fla. Dist. Ct. App. 2004)	4

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