211 EAST CALL LIMITED PARTNERSHIP, Appellant, v. P. KEVIN DAVEY, Appellee.

No. 98-2200.District Court of Appeal of Florida, First District.
Opinion filed August 25, 1999.

An appeal from the Circuit Court for Leon County, Thomas T. Remington, Judge.

Carl R. Pennington, Jr., and Cynthia S. Tunnicliff of Pennington, Moore, Wilkinson, Bell Dunbar, P.A., Tallahassee, for Appellant.

David A. Barrett and A. Dean Johnson of Barrett Pelham, Tallahassee, for Appellee.

PER CURIAM.

Finding no error in the trial court’s application of law to the undisputed facts, we affirm the summary final judgment. We decline to address the propriety of the trial court’s finding that the “complaint . . . fail[ed] to state a justiciable issue of either law or fact” because, there having been no ruling that appellee is entitled to attorney

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fees on that basis, any issue that might involve that finding is not yet ripe.

AFFIRMED.

WEBSTER, DAVIS and VAN NORTWICK, JJ., CONCUR.