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CARDIOTHORACIC AND VASCULAR SURGERY, P.A., Appellant, v. WEST FLORIDA REGIONAL MEDICAL CENTER, d/b/a West Florida Hospital, and Mark R. Dylewski, Appellees.
The appellant seeks review of an “Order Granting Defendant's Motion for Summary Judgment.” Because this order merely granted summary judgment in favor of Mark R. Dylewski, without also entering judgment, the appellee filed a motion to dismiss arguing the order is not an appealable partial final judgment. We agree that the order on appeal does not contain sufficient language of finality to unequivocally bring an end to the required judicial labor, and therefore it failed to dispose of the case as to a party. Hoffman v. Hall, 817 So.2d 1057, 1058 (Fla. 1st DCA 2002); McQuaig v. Wal-Mart Stores, Inc., 789 So.2d 1215 (Fla. 1st DCA 2001); Monticello Ins. Co. v. Thompson, 743 So.2d 1215, at 1216 (Fla. 1st DCA 1999). Similar to an order granting a motion for summary judgment, an order granting summary judgment, without more, is not a final order. Because the order on appeal did no more than grant summary judgment, the order is not final. Accordingly, we grant the appellee's motion and dismiss this appeal as premature.
DISMISSED.
PER CURIAM.
ALLEN, WEBSTER, and DAVIS, JJ., concur.
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Docket No: No. 1D08-0189.
Decided: April 07, 2008
Court: District Court of Appeal of Florida,First District.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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