Escambia County

Keesler appeal hits snag

April 17, 2009

Bryon Keesler’s appeal of Judge Bell’s dismissal of his and Leroy Boyd’s suit against the CMPA is not going so well. The First District Court of Appeals has issued an order that grants summary judgment against Keesler (dated April 15, 2009): – Derek Cosson helped to clarify this. The appeal by Keesler was filed before Bell’s summary judgment has been filed.

“Upon the Court’s own motion, appellant (Keesler) shall show cause within 10 days from the date of this order why this appeal should not be dismissed because the order being appealed merely grants a motion for summary judgment and does not actually enter judgment. Florida Rule of Appellate Procedure 9.110(l). Hickox v. Taylor, 933 So. 2d 675 (Fla. 1st DCA 2006). Cf. McQuaig v. Wal-Mart Stores, Inc., 789 So. 2d 1215 (Fla. 1st DCA 2001). See generally Benton v. Moore, 655 So.2d 1272, 1273 (Fla. 1st DCA 1995). ”

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