Northshore Development Corp. of Seminole County v. First American Bank and Trust, N.A.

• Decision Date: 07 October 1994
• Docket Number: No. 93-2465,93-2465
• Citation: 642 So.2d 1209
• Parties: 19 Fla. L. Weekly D2146 NORTHSHORE DEVELOPMENT CORPORATION OF SEMINOLE COUNTY, a Florida corporation, and Roger Williams, Individually, Appellants, v. FIRST AMERICAN BANK AND TRUST, N.A., f/k/a First American Bank and Trust, Appellee.
• Court: Florida District Court of Appeals

Page 1209

642 So.2d 1209

19 Fla. L. Weekly D2146

NORTHSHORE DEVELOPMENT CORPORATION OF SEMINOLE COUNTY, a Florida corporation, and Roger Williams, Individually, Appellants, v. FIRST AMERICAN BANK AND TRUST, N.A., f/k/a First American

Bank and Trust, Appellee.

No. 93-2465.

District Court of Appeal of Florida,

Fifth District.

Oct. 7, 1994.

Appeal from the Circuit Court for Seminole County; Robert B. McGregor, Judge.

A. Van Catterton, Jr., Melbourne, for appellants.

Paul D. Newnum of Giles & Robinson, P.A., Orlando, Ann S. DuRoss, Asst. Gen. Counsel, Richard J. Osterman, Jr., Sr. Counsel, and J. Scott Watson, Sr. Atty., F.D.I.C., Washington, DC, for appellee.

PER CURIAM.

Northshore Development Corporation and Roger Williams appeal the trial court's order dismissing their second amended compulsory counterclaim against FDIC, as receiver for First American Bank and Trust. This is a non-final, non-appealable order and, therefore, this appeal must be dismissed for lack of jurisdiction. See Sarasota Cloth Fabric & Foam, Inc. v. Benes, 482 So.2d 574 (Fla. 5th DCA 1986); Dennis v. Pavlakos, 464 So.2d 1323 (Fla. 5th DCA 1985). This dismissal is without prejudice to the right of Northshore and Williams to challenge the trial court's ruling on appeal from the final judgment in this cause.

DISMISSED.

HARRIS, C.J., and PETERSON and DIAMANTIS, JJ., concur.