Karl W. Leo and Fay L. Leo, Appellants, v. Shelley D. Gregory, Appellee. (2023)

The Court dismisses this appeal because the order sought to be reviewed does not constitute a final judgment. See Fla. R. App. P. 9.110(l) (“Except as provided in rule 9.020(h), if a notice of appeal is filed before rendition of a final order, the appeal shall be subject to dismissal as premature.”). The order disposes of the motions for final summary judgment but fails to enter a final judgment declaring the rights or obligations of the parties. See § 86.011, Fla. Stat. (2023) (stating that the circuit court may “declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed,” and “[t]he court's declaration may be either affirmative or negative in form and effect and such declaration has the force and effect of a final judgment”). Dismissal is thus appropriate. See Dockery v. Hood, 889 So. 2d 221, 222 (Fla. 1st DCA 2004) (dismissing an order titled, “Final Declaratory Judgment,” because it merely granted a motion for summary judgment and was nonfinal).

Per Curiam.

Roberts, Kelsey, and Tanenbaum, JJ., concur.