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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
MYELLE HOMES, INC. , a Florida
- corporation, and MYRA BIANCO,
~y
Appellants,
v. CASE N0. 79-1775
riYLEE HOMES , INC . , a Florida
corporation, ELLEN GUTERL and
GENE GUTERL,
Appellees.
Ti~n~ l 1980
BY~ORDER OF THE COURT:
ORDER DISMISSING APPEAL
Plaintiff in this civil appeal seeks review by inter-
locutory appeal of orders entered by the trial court on the
following dates: March 22, 1979; July 3, 1979; July 18, 1979;
July 20, 1979; and a summary judgment of July 20, 1979. The
E appellee has filed at least two motions to dismiss this appeal and
i
these motions have either been denied without prejudice or
reserved pending consideration of the case on the merits .
The summary judgment of July 20, 1979, has elements of
finality and elements of non-finality. It is clearly not a com-
plete determination of the entire case and numerous other judicial
acts must be performed by the trial court. Having reviewed the
summary judgment, we are inclined to believe it i.s in the nature
~ of a partial final judgment but that it is not presently subject
to appeal due to the pendency of other related issues in the
litigation wh„~ch remain pending before the trial court for dis- -
position.
We conclude that based upon the appellate rules and
the interest ~of justice to all concerned, the appeal
8333 460