BRIGGS v. HOUSEND (2021)

District Court of Appeal of Florida, First District.

Gregory BRIGGS and Annina Briggs, Appellants, v. Erica HOUSEND, Brandon Housend, Florida Department of Environmental Protection and Board of Trustees of the Internal Improvement Trust Fund, Appellees.

No. 1D21-0389

Decided: March 16, 2021

John W. Wallace of Smith Hulsey & Busey, Jacksonville, for Appellants. No appearance for Appellees.

Dismissed. See McGuire v. Fla. Lottery, 17 So. 3d 1276, 1276-77 (Fla. 1st DCA 2009) (holding that an order dismissing a complaint with leave to amend is not final and noting that a “provision in the order that it will become final at a future date if the complaint is not amended does not cure this defect; a separate final order must be entered.”). See also Ponton v. Gross, 576 So. 2d 910 (Fla. 1st DCA 1991) (noting that, under similar circumstances, a ruling that the order was final at the time it was entered would mean that the time to appeal would have run before the time to amend the complaint had expired).

Per Curiam.

Lewis, Winokur, and Jay, JJ., concur.

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