Tuesday, March 31, 2009

Judgment as to Liability Only is Not a Final Order

Today, in Singleton v. Realty Land Investments Inc. (08-86069), the First DCA dismissed the case for lack of jurisdiction and held that a final judgment as to liability but reserving jurisdiction as to damages is not a final appealable order.

because the instant order does not bring an end to the litigation below, this order is not final. See Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) (reaffirming traditional test of finality that a "final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary."); Hernando County v. Leisure Hills, Inc., 648 So. 2d 257 (Fla. 5th DCA 1994) (holding that issue of damages is so intertwined with substance of a claim as to render an order reserving jurisdiction to determine damages nonfinal).


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