HI-TECH MARKETING GROUP, INC., APPELLANT,
v.
EUGENE THIEM, APPELLEE

Fla. 4th DCA | 1995-08-23
No. 95-0947
GUNTHER, C.J., and DELL and SHAHOOD, JJ., concur.
659 So. 2d 479 Florida District Court of Appeal, Fourth District (1995) Positive Treatment
Cited by 17 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant seeks review of a non-final order denying its motion to vacate a non-final order striking its pleadings as a discovery violation sanction. This is not a “final order” as eon-templated by rule 1.540(b) Florida Rules of Civil Procedure; therefore, this appeal must be dismissed sua sponte for lack of jurisdiction. See Nolan’s Towing & Recovery v. Marino Trucking, Inc., 581 So. 2d 644 (Fla. 3d DCA 1991).

Dismissed for lack of jurisdiction.

GUNTHER, C.J., and DELL and SHAHOOD, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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  • Bennett's Leasing, Inc. v. First St. Mortg. Corp., 870 So. 2d 93 (Fla. 1st DCA 2003)
    …e or proceeding. An order entered on a motion to vacate a non-final order, even where the motion mislabels the non-final order as final, is not reviewable under Florida Rule of Appellate Procedure 9.130(a)(5). See Hi-Tech Mktg. Group, Inc. v. Thiem, 659 So. 2d 479, 479 (Fla. 4th DCA 1995) (“Appellant seeks review of a non-final order denying its motion to vacate a non-final order striking its pleadings as a discovery violation sanction. This is not a ‘final order’ as contemplated by rule 1.540(b) Florida Rule…
  • Powell v. State, 681 So. 2d 722 (Fla. 2d DCA 1996)
    …not orally pronounced. See Malone; Nank v. State, 646 So. 2d 762 (Fla. 2d DCA 1994). Condition (13), requiring a good-faith effort to obtain either literacy skills or a high school diploma, is a special condition of probation, see Martin v. State, 659 So. 2d 479 (Fla. 2d DCA 1995), and must be struck because it was not orally pronounced.1 Nank. We affirm the revocation of probation and conditions (4) and (7)'. We strike condition (13), that portion of condition (12) requiring Powell to pay for testing, and…
  • …mislabels the non-final order as final, is not reviewable under Florida Rule of Appellate Procedure 9.130(a)(5).” Bennett’s Leasing, Inc. v. First St. Mortg. Corp., 870 So. 2d 93, 98 (Fla. 1st DCA 2003); see also Hi-Tech Mktg. Group, Inc. v. Thiem, 659 So. 2d 479, 479 (Fla. 4th DCA 1995) (“Appellant seeks review of a non-final order denying its motion to vacate a non-final order striking its pleadings as a discovery violation sanction. This is not a ‘final order’ as contemplated by rule 1.540(b) Florida Rule…

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