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BROWN v. FORD

No. 1D03-5475.

866 So.2d 189 (2004)

Sylvester BROWN, Charles Christopher Whiting, and Jose Smith, Appellant, v. Susie FORD, Appellee.

District Court of Appeal of Florida, First District.

February 20, 2004.

Attorney(s) appearing for the Case

Tracy Raffles Gunn of Fowler, White, Boggs, Banker, P.A., Tampa, for Appellant.

David P. Heath of Heath & Rasky, Tallahassee; Ross McCloy of Harrison, Sale, McCloy, Thompson, Panama City; Clifford W. Sanborn, III, of Barron, Redding, Hughes, Fite, Bassett & Fensom, Panama City; Scott E. Gwartney, and Matthew Foster of Brooks, LeBoeuf, Bennett, Foster and Gwartney, P.A., Tallahassee, for Appellee.

PER CURIAM.

Upon consideration of the appellants' response to the Court's order of January 8, 2004, the Court has determined that the notice of appeal was prematurely filed. See generally Hoffman v. O'Connor, 802 So.2d 1197 (Fla. 1st DCA 2002)(holding that reservation of jurisdiction over non-collateral issue renders an order nonfinal). Specifically, the lower tribunal's reservation of jurisdiction to determine collateral...

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