BRANDSMART USA OF SOUTH DADE INC v. FITNESS INTERNATIONAL LLC (2023)

District Court of Appeal of Florida, Third District.

BRANDSMART USA OF SOUTH DADE, INC., etc., Appellant(s)/Petitioner(s), v. FITNESS INTERNATIONAL, LLC, etc., Appellee(s)/Respondent(s).

CASE NO.: 3D22-2008

Decided: January 31, 2023

Upon consideration, Appellant's Motion for Clarification is granted, and this Court's Order, dated January 6, 2023, is hereby withdrawn.

Upon the Court's own motion, it is ordered that the above-styled appeal is hereby dismissed as one taken from a non-final, non-appealable order—i.e., the trial court's “Order on Plaintiff's Motion for Summary Judgment and Defendant's Motion for Summary Judgment.” See Cardiothoracic & Vascular Surgery, P.A. v. W. Fla. Reg'l Med. Ctr., 993 So. 2d 1060 (Fla. 1st DCA 2008); Libman v. Fla. Wellness & Rehab. Ctr., Inc., 260 So. 3d 515, 517 (Fla. 3d DCA 2018).

FERNANDEZ, C.J., and LINDSEY and LOBREE, JJ., concur.

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