XAVIER S. ATRIA AND GREGORY ATRIA, APPELLANTS,
v.
PAUL B. ANTON AND DAVID L. KLINE, AS TRUSTEES, AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON, APPELLEES
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PER CURIAM.
This Court has sua sponte raised the question of whether the order appealed from is final in nature so as to support a plenary appeal under Fla.R.App.P. 9.030(b)(1)(A). We conclude that the order is not final in that it merely granted a motion to dismiss. Guth v. Howard, 362 So. 2d 725 (Fla. 2nd DCA 1978). Nor is the order reviewable by interlocutory appeal. Fla.R.App.P. 9.130(a)(3). Consequently, although close questions are presented concerning the technical allegations of the complaint and the necessity for attachment of relevant documents, we have no jurisdiction to consider these issues at this time. In order to expedite any future review by this Court of subsequent proceedings in this cause, the parties are ordered to advise this Court, upon undertaking such review, of the instant attempted appeal.
Since we have no jurisdiction, this appeal is dismissed.
MOORE, BERANEK and HURLEY, JJ., concur.
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Bushweiler v. Levine, 476 So. 2d 725 (Fla. 4th DCA 1985)…is hereby dismissed without prejudice.” Such an order is not an appeal-able final order since it failed to contain the [*726] “magic words demonstrating finality.” Allstate Ins. Co. v. Collier, 405 So. 2d 311 (Fla. 4th DCA 1981) and Atria v. Anton, 379 So. 2d 462 (Fla. 4th DCA 1980). Similarly, it does not qualify under the Florida Rule of Appellate Procedure 9.130 as an appealable non-final order. Accordingly, we dismiss this appeal. DOWNEY, LETTS and HURLEY, JJ,. concur.…
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Barnett Bank OF Broward Cnty. v. Tabatchnick, 401 So. 2d 1166 (Fla. 4th DCA 1981)…Appellate Procedure 9.110, nor an appeala-ble non-final order under Rule 9.130(a)(3) or (4). Jefferson National Bank of Miami Beach v. Cloverleaf Hospital, Inc., 194 So. 2d 287 (Fla. 3d DCA 1967). The court simply lacks jurisdiction. Atria v. Anton, 379 So. 2d 462 (Fla. 4th DCA 1980). Dismissed. DOWNEY and BERANEK, JJ., concur.…
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Piper Aircraft Co. v. Christopher Russell Whyham and/or Personal Representative of the Estate of Jane Leslie Whyham, 455 So. 2d 650 (Fla. 4th DCA 1984)…such an appeal because that rule, by its language, operates to relieve a party from a final judgment, decree, order, or proceeding. Here the earlier order of dismissal upon the ground of forum non conveniens was not a “final order.” Atria v. Anton, 379 So. 2d 462 (Fla. 4th DCA 1980); Guth v. Howard, 362 So. 2d 725 (Fla. 2d DCA 1978); Armstrong Contracting and Supply Corporation v. Aerospace Industries, Inc., 254 So. 2d 242 (Fla. 4th DCA 1971); Shotkin v. Deehl, 148 So. 2d 538 (Fla. 3d DCA 1963); Baker v. Col…
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- Guth v. Nell F. Howard, 362 So. 2d 725 (Fla. 2d DCA 1978)