SANDY POINT CONDOMINIUM ASSOCIATION, INC., APPELLANT,
v.
STEPHEN A. CHAPPELL, INDIVIDUALLY, ET AL., APPELLEES
SANDY POINT CONDOMINIUM ASSOCIATION, INC., APPELLANT,
STEPHEN A. CHAPPELL, INDIVIDUALLY, ET AL., APPELLEES
680 So. 2d 620
Florida District Court of Appeal, Third District (1996)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Sandy Point Condominium Association, Inc. appeals the dismissal of its complaint against Stephen A. Chappell. Because the first amended complaint sufficiently alleges a cause of action for breach of contract against Stephen A. Chappell, individually, we reverse the order granting the dismissal and remand for further proceedings.
Reversed and remanded.
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Peterson Homes, Inc. v. Johnson, 691 So. 2d 563 (Fla. 5th DCA 1997)…eterson Homes, Ine., appeals from an order dismissing its breach of contract claim without prejudice. Ordinarily, an order dismissing a complaint without prejudice is not an appealable final or non-final order. Brown v. Housing Authority of Orlando, 680 So. 2d 620 (Fla. 5th DCA 1996); Welch v. Resolution Trust Corp., 590 So. 2d 1098 (Fla. 5th DCA 1991). See Fla.R.App.P. 9.110, 9.130. However, this order dismisses Peterson Homes’ claim because the “failure of the Defendant to pay the deposit constitutes lack o…
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Markwood Invs. Ltd. v. Latam Invs., LLC, 201 So. 3d 651 (Fla. 3d DCA 2015)…inking the order is non-final, when it is not, and thereby fail to appeal timely. Conversely, a party may be misled into thinking the order is final, when it is not, and thereby appeal prematurely. See, e,g., Brown v. Hous. Auth. of City of Orlando, 680 So. 2d 620, 621 (Fla. 5th DCA 1996) (Griffin, J„ concurring) (“Much time and energy has been wasted in this case .., because of the lower court’s entry of an improper form of order.”). Many things in law are difficult. Writing a clear and unambiguous order of…