RICHARD GOLDMAN, ET AL., APPELLANTS,
v.
JONATHAN AND PEARL LEWIN, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court dismissed an appeal of a non-final order granting a motion to dismiss and affirmed the trial court's other orders striking and granting summary judgment against appellants' petition for revocation of trust.
An order granting a motion to dismiss without actually dismissing the petition is non-final and non-appealable, even if labeled "with prejudice."
[1] An order granting a motion to dismiss without actually dismissing the petition is non-final and non-appealable even when labeled "with prejudice."
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceAppellants sought review of four trial court orders: granting a motion to dismiss the petition for intestate administration with prejudice, striking t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Final And Appealable Orders cases and more on FLexlaw
In these consolidated appeals, Appellants seek review of four orders in which the trial court: granted Appellees’ motion to dismiss, with prejudice, Appellants’ petition for intestate administration; struck Appellants’ petition for revocation of trust as a sham; entered summary judgment against Appellants on the petition for revocation of trust; and granted Appellees’ motion to preclude Appellants from receiving further notices in a companion guardianship proceeding.
We dismiss the appeal of the order granting the motion to dismiss (Case 3D11-2189), as this is a non-fínal, non-appealable order. The order merely granted Appellees’ motion to dismiss, but did not actually dismiss the petition. Therefore, this court is without jurisdiction to entertain an appeal of that order. Gries Inv. Co. v. Chelton, 388 So.2d 1281 (Fla. 3d *569DCA 1980); Johnson v. First City Bank of Gainesville, 491 So.2d 1217 (Fla. 1st DCA 1986). The fact that the order granting the motion included the phrase “with prejudice” did not render the order final or appealable. Gries, 388 So.2d at 1282; Falkner v. Amerifirst Fed. Sav. & Loan Ass’n, 467 So.2d 746, 747 n. 1 (Fla. 3d DCA 1985).
We find no merit in the remaining issues raised and affirm without further discussion.
Dismissed in part and affirmed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Kendrick D. Morris v. State, 198 So. 3d 31 (Fla. 2d DCA 2015)…ict Courts of Appeal had been applying Graham to juvenile nonhomicide offenders’ sentences on a case-by-case basis. Id. (comparing Thomas v. State, 78 So. 3d 644 (Fla. 1st DCA 2011) (affirming concurrent fifty-year sentences), and Reynolds v. State, 116 So. 3d 568 (Fla. 3d DCA 2013) (affirming concurrent fifty and thirty-year sentences), with Floyd v. State, 87 So. 3d 45 (Fla. 1st DCA 2012) (reversing consecutive forty-year sentences), and Adams v. State, 188 So. 3d 849 (Fla.2012) (reversing sentence requirin…
-
Marko & Magolnick, P.A. v. Berens, 165 So. 3d 24 (Fla. 3d DCA 2015)…stion, we conclude that the trial court did not err in entering the Order. Likewise, the trial court did not depart from the essential requirements of the law and there is no showing of irreparable harm. Bentrust Fin., Inc. v. Ocean Auto Ctr., Inc., 116 So. 3d 568 (Fla. 3d DCA 2013). As a result, Petitioners’ Emergency Petition for Review of Trial Court Order and Alternative Petition for Writ of Certiorari is hereby denied.…
-
Goldman v. Lewin (Fla. 3d DCA 2026)
Authorities Cited
- Gries Inv. Co. v. Chelton, 388 So. 2d 1281 (Fla. 3d DCA 1980)
- Johnson v. First City Bank OF Gainesville & J. Emory Cross, 491 So. 2d 1217 (Fla. 1st DCA 1986)
- Falkner v. Amerifirst Fed. Sav. & Loan Ass'n, 467 So. 2d 746 (Fla. 3d DCA 1985)