Opinion
Case No. 1D03-2936.
Opinion filed November 26, 2003.
An appeal from the Circuit Court for Duval County, L. Haldane Taylor, Judge.
Appellant, pro se.
Barry A. Bobek, Jacksonville; Kevin A. Schoeppel, Jacksonville; Richard J. Lantinberg of Cooper, Ridge Beale, Jacksonville; Calvin E. Hayden, Amelia Island; Alan Kluger, Miami; Simon D. Rothstein of Rothstein Siegel, Jacksonville; and Valerie Pistole, Sonoma, California, for Appellees.
Upon consideration of the appellant's responses to the Court's orders of September 2, 2003, and September 30, 2003, the Court has determined that because the appellant was never made a party to the proceedings below, the appellant does not have standing to maintain the appeal. See Forcum v. Symmes, 133 So. 88 (Fla. 1931) (holding that it is a fundamental principle of appellate law that appeal jurisdiction is only available to parties); see also Stas v. Posada, 760 So.2d 954 (Fla. 3d DCA 1999). Accordingly, the appeal is hereby dismissed. All pending motions are denied as moot.
VAN NORTWICK, PADOVANO and HAWKES, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.