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IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
CHARLES D'ASARO and
NOT FINAL UNTIL TIME EXPIRES TO
P A T R I C I A D ' A S A R O ,
FILE MOTION FOR REHEARING AND
Individually and as Survivors of
DISPOSITION THEREOF IF FILED
KATHLEEN CLAYTON, and
CHRISTINE WALSH, Individually
and as Next Friend of DANIEL
CASE NO. 1D03-1184
WALSH and MARISA WALSH,
FLORIDA DEPARTMENT OF
E N V I R O N M E N T A L
PROTECTION, DAVID B.
S T R U H S , A N D E R S O N
COLUMBIA CO., INC., BOBBY
A. COOLEY, PANHANDLE
LAND & TIMBER COMPANY,
INC., FRANK A. DARABI and
Opinion filed May 29, 2003.
An appeal from the Circuit Court for Leon County.
P. Kevin Davey, Judge.
Richard L. Windsor, Tallahassee, for Appellants.
Jack Chisolm, Deputy General Counsel, Tallahassee; W. Robert Vezina, III, and
Mary P. Vance, Tallahassee, for Appellees.
Having considered the appellees' Motion to Dismiss, filed on March 26, 2003,
as well as Appellants' Response to Motion to Dismiss Appeal and Order(s) to Show
Cause, filed on April 24, 2003, we GRANT the appellees' Motion to Dismiss and
hereby dismiss this appeal as premature. See S.L.T. Warehouse Co. v. Webb, 304
So. 2d 97, 99 (Fla. 1974). The order on appeal is not a final appealable order because
it merely dismissed appellants' complaint without prejudice to their right to file an
amended complaint, which did not bring an end to the judicial labor of the cause. See
Tweed v. Bowden, 28 Fla. L. Weekly D604 (Fla. 1st DCA Feb. 28, 2003); Augustin
v. Blount, Inc., 573 So. 2d 104 (Fla. 1st DCA 1991).
The appellees' Motion for Attorneys' Fees and for Determination of
Inapplicability of Notice Provision, filed on April 29, 2003 is DENIED.
BARFIELD, WOLF and DAVIS, JJ., CONCUR.
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