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BROWNING v. CITY OF JACKSONVILLE

No. 1D04-4213.

891 So.2d 611 (2005)

Philip A. BROWNING, Jr., Appellant, v. CITY OF JACKSONVILLE, A Municipal Corporation of the State of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 24, 2005.

Attorney(s) appearing for the Case

Paul V. Smith of Simon, Smith & Assoc., P.A., Lake City; Alan E. Deserio, Brandon, for Appellant.

Stephen D. Busey and Joel Settembrini, Jr. of Smith, Hulsey & Busey, Jacksonville; Lee S. Carlin, Jacksonville; William Birchfield and Bruce B. Humphrey of Lewis, Longman & Walker, Jacksonville; and Brian L. Rosaler of Popkin & Rosaler, Deerfield Beach, for Appellee.

PER CURIAM.

Upon consideration of the appellant's response to the Court's order of November 23, 2004, the Court has concluded that the Order Denying Defendant's Motion for New Trial and Defendant's Amended Motion for New Trial, entered by the lower tribunal on August 18, 2004, is not an appealable order. See Fla. R.App. P. 9.130(a)(4). Accordingly, the appeal is hereby dismissed for lack of jurisdiction and the appellant's motion to consolidate the appeal with...

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