RUTH SILVERS, APPELLANT,
v.
WAL-MART STORES, INC., A DELAWARE CORPORATION, CONCORD VILLAGE CONDOMINIUM IX ASSOCIATION, INC., A FLORIDA CORPORATION, AND ATLANTIC ELEVATOR SALES & SERVICES, INC., A FLORIDA CORPORATION, APPELLEES
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PER CURIAM.
Appellant plaintiff filed this personal injury suit against two defendants as a result of two different accidents, a little more than one year apart, which combined to cause an injury which could not be apportioned. The trial court dismissed the claim against the defendant involved in the second accident without prejudice to plaintiffs refiling a separate suit. Plaintiff has appealed that order, and defendant has moved to dismiss on the ground that it is not an appealable order because it is without prejudice to filing a separate suit.
The fact that the dismissal is not with prejudice is not determinative of whether the order is final and therefore appealable. Smith v. St. Vil., 714 So. 2d 603 (Fla. 4th DCA 1998). This order, which is a dismissal of the plaintiffs case against one party, is a final order, and is therefore appealable. Smith (reviewing by final appeal an order dismissing a complaint as to an insurer because the insurer was improperly joined as a party). The motion to dismiss is therefore denied.
GUNTHER, SHAHOOD and KLEIN, JJ., concur.
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Valcarcel v. Chase Bank USA NA, 54 So. 3d 989 (Fla. 4th DCA 2010)…refore, the question is whether the order of dismissal without prejudice is a final appealable order. An order dismissing an action without prejudice and without granting leave to amend is a final appealable order. Silvers v. Wal-Mart Stores, Inc., 763 So. 2d 1086, 1086 (Fla. 4th DCA 1999); see also Carnival Corp. v. Sargeant, 690 So. 2d 660 (Fla. 3d DCA 1997). “The order of dismissal is clearly final when, for instance, the claim could only be pursued by filing a new complaint....” Hinote v. Ford Motor Co.,…
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Roxana Delgado v. J. Byrons, Inc., 877 So. 2d 822 (Fla. 4th DCA 2004)…final. If the effect of the order is to dismiss the case ... the language ‘without prejudice’ would not affect the finality of the order.” Philip J. Padovano, Florida Appellate Practice § 21.2 (2d ed.1997); see also Silvers v. Wal-Mart Stores, Inc., 763 So. 2d 1086, 1086-1087 (Fla. 4th DCA 1999)(case against one defendant was dismissed “without prejudice to plaintiffs refiling a separate suit,” and such an order is a final, appealable order); Martinez v. Collier County Pub. Sck, 804 So. 2d 559, 560 (Fla. 1st D…
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Murphy v. Wisu Props., Ltd., 895 So. 2d 1088 (Fla. 3d DCA 2004)…ce to amend the complaint, the order is non-final and non-appealable-When, however, it appears that the trial court intended the plaintiff to pursue his or her claim in a different proceeding, the order is final.”); Silvers v. Wal-Mart Stores, Inc., 763 So. 2d 1086 (Fla. 4th DCA 1999)(fact that dismissal is not with prejudice is not determinative of whether order is final and appealable); Carnival Corp. v. Sargeant, 690 So. 2d 660, 661 (Fla. 3d DCA 1997)(“[A] dismissal need not be with prejudice to be a final…
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- Smith v. ST. VIL, 714 So. 2d 603 (Fla. 4th DCA 1998)