ALAN BUSHWEILER, APPELLANT,

v.

ALVIN W. LEVINE AND MARLEX, INC., APPELLEES

Citator

Cited By

• Hinote v. Ford Motor Co., 958 So. 2d 1009 (Fla. 1st DCA 2007)
  …where it remains unclear whether the order is intended to be final or nonfinal, it is proper to dismiss the appeal as premature because the order does not contain sufficient language of finality to constitute a final order. See Bushweiler v. Levine, 476 So. 2d 725 (Fla. 4th DCA 1985). We recognize that the opinion in Carnival Corp. v. Sargeant, 690 So. 2d 660 (Fla. 3d DCA 1997), addressed this issue of finality and reached a different conclusion. In Carnival Corp., the court held that an order of dismissal w…
• Palamara v. Chinnock Marine, Inc., 788 So. 2d 305 (Fla. 4th DCA 2001)
  …s employed by courts to allow a party another opportunity to address the court on the issues(s) presented. “Such an order is not an appeal-able final order since it fail(s) to contain the ‘magic words demonstrating finality.’ ” Bushweiler v. Levine, 476 So. 2d 725, 725-26 (Fla. 4th DCA 1985). We acknowledge that a final judgment has been entered, which might appear to bring the matter to conclusion. However, the fact that the final judgment was entered after a default makes the ruling on the Motion for Relief…
• Abdel Oscar Delgado v. Arnei Morejon, 295 So. 3d 1214 (Fla. 5th DCA 2020)
  …it remains unclear whether the order is intended to be final or nonfinal, it is proper to dismiss the appeal as premature because the order does not contain sufficient language of finality to constitute a final order.” (citing Bushweiler v. Levine, 476 So. 2d 725 (Fla. 4th DCA 1985))). Accordingly, this Court does not have jurisdiction to review the trial court’s order dismissing Former Husband’s Second Petition. AFFIRMED IN PART; DISMISSED IN PART. GROSSHANS and SASSO, JJ., concur. COHEN, J., concurs in p…

Authorities Cited

• Mitchell v. State, 405 So. 2d 311 (Fla. 4th DCA 1981)
• Atria v. Anton, 379 So. 2d 462 (Fla. 4th DCA 1980)