GROELINGER v. ROGERS 10 2003 LLC III (2020)

District Court of Appeal of Florida, First District.

Mathew GROELINGER, as Trustee and Individually, Appellant, v. Dorothy Jean ROGERS; Michael V.E. Skirpan, as Trustee of the Dorothy Rogers Living Trust dated 9/10/2003; Michael V.E. Skirpan, individually; Skirpan Properties, LLC; Cynthia Willey, individually; and John Willey, III, individually, Appellees.

No. 1D19-496

Decided: April 27, 2020

Cynthia A. Myers of Marie A. Mattox, P.A., Tallahassee for Appellant. Brian W. Hoffman and Nathan R. Jurgensen of Carver, Darden, Koretzky, Tessier, Finn, Blossman & Areaux, LLC, Pensacola, for Appellee, Dorothy Jean Rogers.

The Court has determined, and Appellant has acknowledged, that the appeal must be dismissed because the order on appeal does not constitute an appealable partial final judgment under Florida Rule of Appellate Procedure 9.110(k). See Jensen v. Whetstine, 985 So. 2d 1218, 1220 (Fla. 1st DCA 2008) (“An order is not an appealable partial final order where there is a factual overlap between the pending claims and the claims resolved by the order.”). Accordingly, this appeal is hereby dismissed for lack of jurisdiction.

Dismissed.

Per Curiam.

Ray, C.J., and Makar and Kelsey, JJ., concur.

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