ADVENTURA REALTY, LTD., ET AL., APPELLANTS,
v.
HARRY W. THEUERKAUF ET AL., APPELLEES

Fla. 4th DCA | 1978-12-06
No. 78-1052
CROSS and LETTS, JJ., concur.
364 So. 2d 1261 Florida District Court of Appeal, Fourth District (1978) Positive Treatment
Cited by 2 cases

Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a non-final order determining jurisdiction over the person of several defendants by denying a motion to dismiss for alleged lack of jurisdiction. Appeal is authorized under Florida Rules of Appellate Procedure, Rule 9.130(a)(3)(C) (i). We affirm the order of the trial court.

This is also an appeal from a non-final order refusing to dismiss a complaint for failure to state a cause of action because an alleged exhibit was not attached to the complaint. This is not an appealable non-final order so we must decline to decide this issue now.

AFFIRMED.

CROSS and LETTS, JJ., concur.


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  • …e whether the complaint states a cause of action against each appellant. They do not relate to matters concerning the court’s jurisdiction or power to bind them to any ultimate decision rendered in the case. Cf. Adventura Realty, Ltd. v. Theuerkauf, 364 So. 2d 1261 (Fla. 4th DCA 1978). There is no question in this case concerning proper service of process or service on a nonresident via the “long-arm” statute. Therefore, the orders denying DPR’s and Johnson’s motions to dismiss are non-final and they are not a…

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