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Willie J. Preyer, Mildred Preyer v. Emerald Coast Utililties Authority, 17-1949 (2018)

Court: District Court of Appeal of Florida Number: 17-1949 Visitors: 1
Filed: May 03, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-1949 _ WILLIE J. PREYER, MILDRED PREYER, Appellants, v. EMERALD COAST UTILITIES AUTHORITY, CAROLYN JOHNSON, and CALLIE ANDERSON, Appellees. _ On appeal from the Circuit Court for Escambia County. William P. White, Jr., and Darlene F. Dickey, Judges. May 3, 2018 PER CURIAM. Appellants seek review of an order dismissing their cross- claim with prejudice. The underlying action to apportion funds pursuant to section 73.101, Florida Statutes,
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         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                  _____________________________

                          No. 1D17-1949
                  _____________________________

WILLIE J. PREYER, MILDRED
PREYER,

    Appellants,

    v.

EMERALD COAST UTILITIES
AUTHORITY, CAROLYN JOHNSON,
and CALLIE ANDERSON,

    Appellees.
                  _____________________________


On appeal from the Circuit Court for Escambia County.
William P. White, Jr., and Darlene F. Dickey, Judges.

                          May 3, 2018


PER CURIAM.

     Appellants seek review of an order dismissing their cross-
claim with prejudice. The underlying action to apportion funds
pursuant to section 73.101, Florida Statutes, remains pending.
The Court has therefore determined that the appeal is
premature. See S.L.T. Warehouse Co. v. Webb, 
304 So. 2d 97
, 99
(Fla. 1974) (if an order does not finally end the judicial labor
required, "piecemeal appeals will not be permitted where claims
are interrelated and involve the same transaction and the same
parties remain in the suit.") Accordingly, Appellees’ motion to
dismiss is granted and the appeal is dismissed as premature.
WOLF, BILBREY, and KELSEY, JJ., concur.

                 _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Robert Allen, Pensacola, for Appellants.

J. Alistair McKenzie of the McKenzie Law Firm, P.A., Pensacola,
for Appellees Carolyn Johnson and Callie Anderson.

No appearance for Emerald Coast Utilities Authority.




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Source:  CourtListener

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