SHEPARD BROAD, APPELLANT,

v.

JOHN W. BERTOGLIO, APPELLEE

Citator

Cited By

• Miami Physical Therapy Assocs., Inc. v. Savage, 632 So. 2d 114 (Fla. 3d DCA 1994)
  …be appealed nor reviewed by certiorari. To allow certiorari review of all such orders “would make meaningless the deliberate omission of this non-final order from those appealable under the appellate’ rules.” Southwinds Riding Academy v. Schneider, 507 So. 2d 782, 784 (Fla. 3d DCA 1987). On the merits, we hold that the order denying the motion to dismiss departed from the essential requirements of the law. “[Fjailure to timely file a notice as required by section 768.572 within the statute of limitations pe…
• Marsh & McLennan, Inc. v. Aerolineas Nacionales del Ecuador, 530 So. 2d 971 (Fla. 3d DCA 1988)
  …sal from becoming choate. It is well established that the denial of a motion to dismiss for lack of prosecution is not appealable. See Rosie O’Grady’s, Inc. v. Del Portillo, 521 So. 2d 183 (Fla. 3d DCA 1988); Southwinds Riding Academy v. Schneider, 507 So. 2d 782 (Fla. 3d DCA 1987); Bowl America Florida, Inc. v. Schmidt, 386 So. 2d 1203 (Fla. [*974] 5th DCA 1980); Killeam Properties, Inc. v. Hammons Asphalt Paving, Inc., 381 So. 2d 1169 (Fla. 1st DCA 1980).8 The order sought to be reviewed in the present cas…

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• Hallock v. Holiday Isle Resort & Marina, Inc., 885 So. 2d 459 (Fla. 3d DCA 2004)
  …. Ziegler, 40 So. 2d 776, 777 (Fla.1949). A judgment or order is final when it adjudicates the merits of the case, disposes of the pending action, and leaves nothing further to be done by the trial court. Id.; Southwinds Riding Academy v. Schneider, 507 So. 2d 782, 783 (Fla. 3d DCA 1987). Florida Rule of Appellate Procedure 9.110(k) provides that, “partial final judgments are reviewable either on appeal from the partial final judgment or on appeal from the final judgment in the entire case.” However, Florida…

Authorities Cited

• Argonaut Ins. Co. v. MAY Plumbing Co., 474 So. 2d 212 (Fla. 1985)
• Bertoglio v. Am. Sav. & Loan Ass'n OF Fla. & Shepard Broad, 491 So. 2d 1216 (Fla. 3d DCA 1986)