BERMAN LEASING COMPANY, APPELLANT,
v.
C. R. BRUMAGE, JR. AND AMERICAN INSURANCE AGENCY, INC., APPELLEES
The plaintiff has appealed from an order which (1) dismissed its complaint and (2) allowed it 20 days from the filing date of the order to file an amended complaint. The appeal must be dismissed upon the authority of Hancock v. Piper, Fla.1966, 186 So.2d 489; Southern Laundry Co. of Marianna v. Home Ins. Co., Fla.App. 1966, 190 So.2d 39; Simon v. Tampa Electric Company, Fla.App.1967, 198 So.2d 379.
We therefore do not determine whether the appellant’s complaint stated a cause of action. It is apparent, however, that the complaint fails to allege more than the barest legal conclusions. In order to obviate a second appeal in this matter, we respectfully refer the parties to the rule set forth in McSwiggan v. Edson, Fla.1966, 186 So. 2d 13, 15.
Appeal dismissed.
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Wilson v. Clark, 414 So. 2d 526 (Fla. 1st DCA 1982)…a. 4th DCA 1966); State, ex rel. Andreu v. Canfield, 40 Fla. 36, 23 So. 591 (1898). Even an order dismissing a complaint and allowing twenty days to file an amended complaint does not terminate a cause of action. Berman Leasing Co. v. C. R. Brumage, 217 So. 2d 359 (Fla. 3d DCA 1969). By virtue of the fact that this opinion is being rendered based on a timely appeal, it is fair to say that the action appellee professes to have become terminated or extinguished by virtue of the lower court’s final judgment is…
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- Hancock v. Wilford J. Piper and Alida Piper, 186 So. 2d 489 (Fla. 1966)
- McSWIGGAN v. Murray Edson, 186 So. 2d 13 (Fla. 1966)
- S. Laundry Co. OF Marianna, Inc. v. The Home Ins. Co., 190 So. 2d 39 (Fla. 1st DCA 1966)
- Simon v. Tampa Elec. Co., 198 So. 2d 379 (Fla. 2d DCA 1967)