MICHAEL WETTERAUER, ETC., ET AL., APPELLANTS,
v.
FRONTENAC FLEA MARKET, INC., APPELLEE
MICHAEL WETTERAUER, ETC., ET AL., APPELLANTS,
FRONTENAC FLEA MARKET, INC., APPELLEE
573 So. 2d 138
Florida District Court of Appeal, Fifth District (1991)
Caution
Cited by 5 cases
Opinion of the Court
PETERSON, Judge.
This appeal is from an order dismissing appellants’ complaint with prejudice. An order granting a motion to dismiss “with prejudice” is an order granting a motion, not an order dismissing an action, and it is not appealable. McPheeters v. Tolbert, 561 So. 2d 18 (Fla. 5th DCA 1990). This court has adopted a strict policy of dismissing appeals from non-final orders that are not appealable. Arcangeli v. Albertson’s, Inc., 550 So. 2d 557 (Fla. 5th DCA 1989).
DISMISSED.
GRIFFIN and DIAMANTIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Becton v. K & L Contractors, Inc., 573 So. 2d 428 (Fla. 5th DCA 1991)…s court lacks jurisdiction. An order granting a motion to dismiss even if the order reads “with prejudice” is merely an order granting a motion, not an order dismissing an action, and it is not appeal-able. Wetterauer v. Frontenac Flea Market, Inc., 573 So. 2d 138 (Fla. 5th DCA Jan. 10, 1991); McPheeters v. Tolbert, 561 So. 2d 18 (Fla. 5th DCA 1990). See also Johnson v. First City Bank of Gainesville, 491 So. 2d 1217 (Fla. 1st DCA 1986). DISMISSED. PETERSON and GRIFFIN, JJ., concur.…
-
BCH Mech., Inc. v. McCOY, 584 So. 2d 1067 (Fla. 5th DCA 1991)
-
Dykstra-Gulick v. Gulick, 579 So. 2d 406 (Fla. 5th DCA 1991)…smissing an action, and it is therefore not appealable. Allen v. Florida Dept. of Military Affairs, 576 So. 2d 971 (Fla. 5th DCA 1991); Becton v. K & L Contractors, Inc., 573 So. 2d 428 (Fla. 5th DCA 1991); Wetterauer v. Frontenac Flea Market, Inc., 573 So. 2d 138 (Fla. 5th DCA 1991); McPheeters v. Tolbert, 561 So. 2d 18 (Fla. 5th DCA 1990). DISMISSED. GOSHORN, GRIFFIN and DIAMANTIS, JJ., concur.…
Authorities Cited
- Kramer v. State, 550 So. 2d 557 (Fla. 5th DCA 1989)
- Arcangeli v. Albertson's, Inc., 550 So. 2d 557 (Fla. 5th DCA 1989)
- Richardson v. State, 561 So. 2d 18 (Fla. 5th DCA 1990)