PETER J. BECTON, ET AL., APPELLANTS,
v.
K & L CONTRACTORS, INC., ET AL., APPELLEES
DIAMANTIS, Judge.
This is an appeal of an order granting appellees’ motion to dismiss counts 1, 2, 3 and 4 of appellant’s sixth amended complaint with prejudice. The appeal is dismissed since this 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.
Cases With Similar Vibessemantic neighbors from the corpus
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Est. OF Edna Marie Sharp v. Omnicare, Inc., 879 So. 2d 34 (Fla. 5th DCA 2004)…sal is with prejudice, and remand with instructions to allow the Estate an opportunity to amend its complaint. AFFIRMED in part, REVERSED in part, and REMANDED. SHARP, W., and THOMPSON, JJ., concur. . See, e.g., Becton v. K & L Contractors, Inc., 573 So. 2d 428 (Fla. 5th DCA 1991).…
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BCH Mech., Inc. v. McCOY, 584 So. 2d 1067 (Fla. 5th DCA 1991)…Accordingly, this court lacks jurisdiction to review this case. See Dykstra-Gulick v. Gulick, 519 So. 2d 406 (Fla. 5th DCA 1991); Allen v. Florida Department 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 [*1068] 138 (Fla. 5th DCA 1991); McPheeters v. Tolbert, 561 So. 2d 18 (Fla. 5th DCA 1990). But see Dobrick v. Discovery Cruises, 581 So. 2d 645 (Fla. 4th DCA 1991). DISMISS…
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Dykstra-Gulick v. Gulick, 579 So. 2d 406 (Fla. 5th DCA 1991)…sband’s motion to dismiss is merely an order granting a motion, not an order dismissing 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.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. First City Bank OF Gainesville & J. Emory Cross, 491 So. 2d 1217 (Fla. 1st DCA 1986)
- Richardson v. State, 561 So. 2d 18 (Fla. 5th DCA 1990)
- Wetterauer v. Frontenac Flea Mkt., Inc., 573 So. 2d 138 (Fla. 5th DCA 1991)