SUSAN LYNN FINEMAN, INDIVIDUALLY AND AS TRUSTEE UNDER THE HORTENSE GROSSMAN TESTAMENTARY TRUST, SUSAN LYNN FINEMAN, LINDA ELLEN SCHWARTZ AND BRUCE HARTLEY GROSSMAN, AS BENEFICIARIES UNDER THE HORTENSE GROSSMAN TESTAMENTARY TRUST, APPELLANTS,
v.
MARTIN F. GREENBERG, HERBERT BERNSTEIN, STANLEY H. KUPERSTEIN AND KARL M. SACKS, AS THE MAJORITY IN INTEREST OF THE GENERAL PARTNERS AND FOR THE USE AND BENEFIT OF KISMET APARTMENTS, LTD., A FLORIDA LIMITED PARTNERSHIP, APPELLEES
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This case consolidated actions where the Florida Supreme Court addressed the application of a repealed statute of repose to products liability claims, with the dissenting opinion arguing against the majority's interpretation.
The dissenting opinion argued that the legislature's repeal of the statute of repose was intended to restore the right to sue for claims arising after the repeal, and that applying the repealed statute to bar such claims defied legislative intent and constitutional rights.
The cases involved plaintiffs injured by products after the statute of repose in products liability actions was repealed by the legislature. The centr…
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PER CURIAM.
The defendants Susan Lynn Fine-man, et al., appeal from a nonfinal order of the trial court which denied their motion to dismiss the complaint filed below. We vacate our prior order dated April 16, 1990, and dismiss the appeal filed herein upon a holding that this court has no jurisdiction to entertain an appeal from an order denying a motion to dismiss a complaint. Art. V, § 4(b)(1), Fla. Const.; Fla.R.App.P. 9.130(a).
The fact that (1) the defendants filed a joint motion below to dismiss the subject complaint and to vacate a temporary injunction previously issued by the trial court, and (2) the trial court heard argument on this joint motion below cannot, as urged, convert the order appealed from into an appealable interlocutory order denying a motion for a temporary injunction under Fla.R.App.P. 9.130(a)(3)(B). This is so because the trial court did not, in the order appealed from, rule on the defendants’ motion to vacate the subject temporary injunction; if and when the trial court so rules on that motion, a timely interlocutory appeal from said ruling will lie to this court. Art. V, § 4(b)(1), Fla. Const.; Fla.R. App.P. 9.130(a)(3)(B).
Appeal dismissed.
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Manuel Rico Perez, M.D. v. Yadin Acosta, 609 So. 2d 51 (Fla. 3d DCA 1992)…Upon review of the briefs and record, the court concludes that it is without jurisdiction to entertain this appeal. See Fineman v. Greenberg, 575 So. 2d 1310 (Fla. 3d DCA 1991); Page v. Ezell, 452 So. 2d 582 (Fla. 3d DCA 1984); Braddon v. Doran Jason Co., 453 So. 2d 66 (Fla. 3d DCA 1983). Appeal dismissed. NESBITT, JORGENSON and GODERICH, JJ., concur.…
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