WILTON DEDGE, WALTER GARY DEDGE, SR., AND MARY DEDGE, APPELLANTS,
v.
JAMES V. CROSBY, JR., SECRETARY OF FLORIDA DEPARTMENT OF CORRECTIONS, AND THE STATE OF FLORIDA, APPELLEES
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PER CURIAM.
The appellants have sought review of an “Order Granting Amended Motion to Dismiss,” entered on August 29, 2005, and an “Amended Order Granting Amended Motion to Dismiss,” entered on September 7, 2005. The Court has determined that neither order constitutes a final appealable order. The August 29, 2005, order grants the defendants’ motion to dismiss but fails to actually dismiss the action. Such an order is not final. See Benton v. Moore, 655 So. 2d 1272, 1273 (Fla. 1st DCA 1995). In an apparent attempt to render a final order, the lower tribunal entered its amended order on September 7, 2005, indicating its intent that the defendants’ Amended Motion to Dismiss complaint be granted with prejudice. However, despite the lower tribunal’s apparent intent, an order granting a motion to dismiss with prejudice is no more final than an order granting a motion to dismiss without prejudice. See Johnson v. First City Bank of Gainesville, 491 So. 2d 1217, 1218 (Fla. 1st DCA 1986). Accordingly, the appeal is hereby dismissed for lack of jurisdiction.
In light of the dismissal, all pending motions are denied as moot.
ALLEN, WEBSTER and THOMAS, JJ., Concur.
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Boladares v. Olemshoe Corp. & The Hartford Ins. Co., 28 So. 3d 176 (Fla. 1st DCA 2010)…loyer/carrier’s motion to dismiss not an appealable final order); Truc v. Kimmins Corp., 889 So. 2d 964, 964 (Fla. 1st DCA 2004) (dismissing appeal of order granting employer/carrier’s motion to dismiss pursuant to Mintz); see also, Dedge v. Crosby, 914 So. 2d 1055, 1056 (Fla. 1st DCA 2005) (order granting motion to dismiss with prejudice no more final than order granting motion to dismiss without prejudice). All pending motions are dismissed as moot. LEWIS, THOMAS, and WETHERELL, JJ., concur.…
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Skoran v. Seacoast Util. Auth. & Fla. League of Cities, 60 So. 3d 1174 (Fla. 1st DCA 2011)…r/earrier’s motion to dismiss is not an appealable final order); Truc v. Kimmins Corp., 889 So. 2d 964, 964 (Fla. 1st DCA 2004) (dismissing, pursuant to Mintz, appeal of order granting employer/carrier’s motion to dismiss); see also Dedge v. Crosby, 914 So. 2d 1055, 1056 (Fla. 1st DCA 2005) (order granting motion to dismiss with prejudice no more final than order granting motion to dismiss without prejudice). DISMISSED. BENTON, C.J., WEBSTER, and VAN NORTWICK, JJ., concur.…
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Fla. Agency For Health Care Adm. v. McClain, 43 Fla. L. Weekly Fed. D 451 (Fla. 1st DCA 2018)
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995)
- Johnson v. First City Bank OF Gainesville & J. Emory Cross, 491 So. 2d 1217 (Fla. 1st DCA 1986)