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Dempsey v. Russell
Citations: 923 So. 2d 1249; 2006 Fla. App. LEXIS 4185; 2006 WL 727781Docket: No. 1D05-5806
Court: District Court of Appeal of Florida; March 22, 2006; Florida; State Appellate Court
The appeal was brought by the appellants regarding an order that granted a motion for summary judgment on certain counts of the complaint while denying it on another count. The order did not finalize the judgment, rendering it non-appealable as established in precedent cases, including Dixon v. Allstate Ins. Co. and Wyatt v. National Bank of Commerce. Additionally, it remains unclear whether the order could be considered a partial final judgment, as it does not definitively resolve a separate and distinct cause of action, referencing Odham v. Mouat. Consequently, the appeal was dismissed. Judges Kahn, Lewis, and Polston concurred with the dismissal.