INTERNATIONAL WIRE CORPORATION, A FOREIGN CORPORATION; WHIRLPOOL CORPORATION, A FOREIGN CORPORATION; GENERAL ELECTRIC COMPANY, A FOREIGN CORPORATION; AND DAYCO PRODUCTS, INC., A FOREIGN CORPORATION, APPELLANTS,
v.
STATE FARM FIRE AND CASUALTY COMPANY, A FOREIGN CORPORATION, APPELLEE
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SALCINES, Judge.
International Wire Corporation, Whirlpool Corporation, General Electric Company, and Dayco Products, Inc. appeal the nonfinal orders that denied their Motion for Change of Venue, Motion to Abate or Dismiss for Lack of Subject Matter Jurisdiction, and Motion for Severance or for Separate Trials. This court has jurisdiction to consider the denial of the motion for change of venue pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(A). We affirm the denial of that motion.
The trial court’s rulings on the remaining motions are nonfinal, nonappealable orders. This court treats the appeal of these orders as a petition for writ of certiorari. As the petitioners have failed to establish that the nonfinal orders create material harm which would be irreparable by postjudgment appeal the petition is dismissed. Parkway Bank v. Fort Myers Armature Works, Inc., 658 So. 2d 646, 649 (Fla. 2d DCA 1995).
Appeal affirmed; petition for writ of certiorari dismissed.
BLUE, C J., and CASANUEVA, J., concur.
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Citator
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Carta v. Carta, 903 So. 2d 300 (Fla. 3d DCA 2005)…the former husband’s motion to dismiss for lack of subject matter jurisdiction is not appealable as it does not come within the purview of Rule 9.130(a)(3), Florida Rules of Appellate Procedure. See Int’l Wire Corp. v. State Farm Fire and Cas. Co., 816 So. 2d 159 (Fla. 2d DCA 2002); Fiocchi v. Trainello, 566 So. 2d 904 (Fla. 4th DCA 1990); Warren v. Southeastern Leisure Sys. Inc., 522 So. 2d 979 (Fla. 1st DCA 1988); Bd. Of Med. Exam’rs v. Kadivar, 482 So. 2d 501 (Fla. 4th DCA 1986). Moreover, the parties agr…
Authorities Cited
- Parkway Bank v. Fort Myers Armature Works, Inc., 658 So. 2d 646 (Fla. 2d DCA 1995)