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DOWNRITE ENGINEERING v. OVERLAND CARRIERS

No. 3D09-876.

8 So.3d 1279 (2009)

DOWNRITE ENGINEERING CORP., Appellant, v. OVERLAND CARRIERS, INC., Appellee.

District Court of Appeal of Florida, Third District.

May 20, 2009.

Attorney(s) appearing for the Case

Jose M. Chanfrau, IV, for appellant.

Vincent F. Vaccarella and Jordan M. Keusch, Aventura, for appellee.

Before WELLS, ROTHENBERG, and LAGOA, JJ.

LAGOA, Judge.

Downrite Engineering Corporation ("Downrite") seeks review of an order granting Overland Carriers, Inc.'s ("Overland") motion for final summary judgment. In response to the notice of appeal, Overland filed a motion to dismiss, or in the alternative, motion to temporarily relinquish jurisdiction, which asserts that the order appealed from is not a final order as it merely establishes entitlement to a judgment, but is not itself a judgment. Because "the...

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