Walter T. Ortega v. Florio J. Abbate

Because the order under review does not purport to determine liability for all costs in the case as (a) the order is clearly a pre-final judgment order, and (b) a further order taxing costs may be entered after a final judgment is entered, we decline to entertain this appeal as an order determining liability in favor of the party seeking affirmative relief under Fla.R.App.P. 9.130(a)(3)(c)(iv). We have traditionally entertained an appeal from an order taxing costs only after final judgment has been entered, as a non-final order entered after final order under Fla.R.App.P. 9.130(a)(4), Sanchez v. Sanchez, 435 So.2d 347, 348 (Fl. 3d DCA 1983); because no final judgment has been entered in the case, Morton v. City of Miami Beach, 376 So.2d 279 (Fla. 3d DCA 1979), however, we cannot entertain the instant appeal under this rule. Accordingly, we dismiss the instant appeal as having been taken from a non-appealable, non-final order, without prejudice to the appellant to assign as error the entry of the order herein upon an appeal from an adverse final judgment when entered. BARKDULL, HUBBART and GODERICH, JJ., concur.