Jones v. Seabury & Smith, Inc.
Docket: No. 1D00-4129
Court: District Court of Appeal of Florida; December 21, 2000; Florida; State Appellate Court
The appeal is dismissed due to a lack of jurisdiction. Teshia Jones's motion for summary judgment does not constitute a request for affirmative relief and cannot exist independently of the appellant's cause of action. This conclusion is supported by precedent set in Heineken v. Heineken. Consequently, the order is not subject to renewal under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). Judges Allen, Benton, and Browning concur in this decision.