GEORGE MCGUIRE, APPELLANT,
v.
FLORIDA LOTTERY, ET AL., APPELLEES
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The court held that an order dismissing a complaint with leave to amend is not a final, appealable order.
Appellant brought a civil complaint, and the trial court granted motions to dismiss without prejudice, allowing the plaintiff to amend. The plaintiff …
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Appellant George McGuire brought a civil complaint for damages against various defendants. The trial court granted motions to dismiss filed by some of the defendants, reciting that “[t]his dismissal is without prejudice. The Plaintiff may file an amended complaint on or before April 8, 2009. If no such amended complaint is filed, the case will stand dismissed *1277as to the Defendants [who moved to dismiss].” McGuire appealed, although his notice of appeal does not appear to be timely.
We do not reach the issue of timeliness because the trial court has not issued a final or otherwise appealable order. An order which dismisses a complaint with leave to amend is not final. Eagle v. Eagle, 632 So.2d 122 (Fla. 1st DCA 1994). The provision in the order that it will become final at a future date if the complaint is not amended does not cure this defect; a separate final order must be entered. Ponton v. Gross, 576 So.2d 910 (Fla. 1st DCA 1991).
This appeal is therefore dismissed for lack of jurisdiction. All pending motions are denied as moot.
DISMISSED.
KAHN, WEBSTER, and ROBERTS, JJ., concur.
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Farina v. State, 191 So. 3d 454 (Fla. 2016)…ffected. State v. Gaines, 770 So. 2d 1221, 1223-24 (Fla,2000) (quoting S.L.T. Warehouse Co, v. Webb, 304 So. 2d .97, 99 (Fla.1974)). Accordingly, “[a]n order which dismisses a complaint with leave to amend is not final.” McGuire v. Florida Lottery, 17 So. 3d 1276, 1277 (Fla. 1st DCA 2009) (citing Eagle v. Eagle, 632 So. 2d 122 (Fla. 1st DCA 1994)). The order dismissing Farina’s successive motion as premature therefore is not a final order because judicial labor is still required to effectuate a termination o…
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Heekin v. Highsmith, 56 So. 3d 786 (Fla. 1st DCA 2010)…PER CURIAM. The petition for writ of prohibition is denied on the merits. See McGuire v. Florida Lottery, 17 So. 3d 1276 (Fla. 1st DCA 2009) (order dismissing complaint with leave to amend is not final despite provision that it will become final at a future date if complaint is not amended; a separate final order must be entered). KAHN, VAN NORTWICK, and THOMAS, JJ.…
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Fla. Quarter Horse Racing Ass'n, Inc. v. State, 80 So. 3d 458 (Fla. 1st DCA 2012)…PER CURIAM. DISMISSED. McGuire v. Florida Lottery, 17 So. 3d 1276 (Fla. 1st DCA 2009) (noting that the provision in the order providing that it would become final if the complaint is not amended did not cure the jurisdictional defect and a separate final order must be entered); Hinote v. Ford [*459] Motor Co., 958…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Alfonson Detroy Ponton and Reginald J. Williams v. Officer B.E. Gross, 576 So. 2d 910 (Fla. 1st DCA 1991)
- Eagle v. Eagle, 632 So. 2d 122 (Fla. 1st DCA 1994)