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DEMPSEY v. RUSSELL

No. 1D06-6360.

966 So.2d 1021 (2007)

William R. DEMPSEY, Linda S. Dempsey, f/k/a Linda S. Stillman, and Gigi Dempsey, Appellants, v. Philip Lee RUSSELL d/b/a Russell Home Builders, and Michael Quinn Sarra d/b/a All Seasons Service Network, Appellees.

District Court of Appeal of Florida, First District.

October 19, 2007.

Attorney(s) appearing for the Case

Lisa S. Minshew, Pensacola, for Appellants.

Angela C. Flowers of Kubicki Draper, Ocala, and George W. Hatch, III, of Kubicki Draper, Tallahassee, for Appellee Philip Lee Russell d/b/a Russell Home Builders.

L.L. Roane, III, of Schofield, Wade, Roane & Shoemaker, Pensacola, for Appellee Michael Quinn Sarra d/b/a All Seasons Service Network.

PER CURIAM.

Because the order under review here is not a final order and is not appealable as a partial final judgment, we dismiss this appeal for lack of jurisdiction.

Although the trial court's order purports to be a final judgment in favor of Appellees, the order granting summary judgment, upon which the purported final judgment is based, does not rule on Appellee Phillip Russell's (Russell) motion for summary judgment on his counterclaim.

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