Opinion
Case No. 1D07-1917.
Opinion filed November 13, 2007.
An appeal from the Circuit Court for Leon County. Thomas H. Bateman, III, Judge.
Chris H. Bentley, Frederick L. Aschauer, Jr., and Kyle L. Kemper of Rose, Sundstrom Bentley, LLP, Tallahassee, for Appellant.
Gary K. Hunter, Jr. of Hopping Green Sams, P. A., Tallahassee, for Appellee.
Upon consideration of the appellant's response to the Court's order of May 7, 2007, the Court has determined that the order on appeal is not a final order. Specifically, because the lower tribunal failed to determine the amount of the bond to be posted by the appellant as required by the parties' settlement agreement, and specifically contemplated the potential need for an evidentiary hearing to do so, its judicial labor with regard to the matter is incomplete. See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 100 (Fla. 1974) (holding that, generally, the test for finality of an order is whether the order constitutes an end to the judicial labor in the cause).
Accordingly, the appeal is hereby dismissed for lack of jurisdiction.
The appellant's Motion for Extension of Time to File Initial Brief, filed on June 8, 2007, is denied as moot.
DAVIS and POLSTON, JJ., and LAWRENCE, JR., L. ARTHUR, SENIOR JUDGE, CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED