WILLIAMS
v.
DIXON
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An order granting a motion to dismiss that does not actually dismiss the action is neither a final order nor an appealable non-final order.
[1] An order granting a motion to dismiss does not constitute a final or appealable non-final order unless the order actually dismisses the action.
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Join FLexlaw to unlock all legal intelligence“Because the order on appeal merely grants a motion to dismiss but does not actually dismiss the action, it is neither a final order nor an appealable non-final order.”
Court's statement of the jurisdictional defect
Mark Williams appealed from an order of the circuit court in Leon County that granted a motion to dismiss, but the order did not actually dismiss the …
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December 4, 2024 PER CURIAM.
Because the order on appeal merely grants a motion to dismiss but does not actually dismiss the action, it is neither a final order nor an appealable non-final order. See Benton v. Moore, 655 So. 2d 1272, 1273 (Fla. 1st DCA 1995). Accordingly, the appeal is dismissed for lack of jurisdiction. This dismissal is without prejudice to the appellant’s right to file a timely notice of appeal once a final order has been rendered. LEWIS, RAY, and BILBREY, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.