PETER PETNUCH, JR., APPELLANT,
v.
KEVIN CHARLES SMITH (A MINOR) AND GEORGE CHARLES SMITH, APPELLEES
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DAUKSCH, Chief Judge.
This is an appeal from an order by the trial court determining it had no jurisdic tion in this matter. It was the judgment of the trial court that after the plaintiff’s complaint was dismissed with leave to amend and the twenty days for amendment expired; the case stood dismissed and the trial court no longer had jurisdiction.
An order dismissing a complaint with leave to amend is a non-appealable non-final order which does not terminate the proceedings in the trial court. Because it is a non-final order, the trial court was in error in its determination it had lost jurisdiction, so we reverse the order regarding jurisdiction. Appellant has asked us to rule on the order dismissing the complaint with leave to amend. As was earlier said, this is not an appealable order. Hancock v. Piper, 186 So. 2d 489 (Fla.1966).
The jurisdiction order is reversed and this cause remanded for the court’s ruling on appellee’s motion to dismiss with prejudice.
REVERSED AND REMANDED.
COBB and SHARP, JJ., concur.
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Windhover Ass'n, Inc. v. Gulf OIL Realty Co., 407 So. 2d 603 (Fla. 5th DCA 1981)…of Count III of the complaint would be final as to defendant Robert T. Craig, since he is joined as a defendant only in that count. The order dismissed Count III with leave to amend. As such, it is a non-appealable non-final order. Petnuch v. Smith, 395 So. 2d 294 (Fla. 5th DCA 1981). A non-final order not susceptible to appeal may be reviewed by common law cer-tiorari if the proper criteria are met. Finney v. Wonder Development Corp., 392 So. 2d 583 (Fla. 5th DCA 1980). Among those criteria is the necessit…
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Bishop v. Kelly, 404 So. 2d 1149 (Fla. 5th DCA 1981)…PER CURIAM. An order dismissing a complaint with leave to amend is a non-final order. As such, it is not appealable prior to final dismissal. Hancock v. Piper, 186 So. 2d 489 (Fla.1966); Petnuch v. Smith, 395 So. 2d 294 (Fla. 5th DCA 1981). Accordingly, this appeal is sua sponte DISMISSED. DAUKSCH, C. J., and COBB and SHARP, JJ., concur.…
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Lieselotte D. Mossel v. Otto K. Mossel, 424 So. 2d 979 (Fla. 4th DCA 1983)…ffirmative defenses thereto and dismissed her counterclaim. The order gave her twenty days within which to amend. She now appeals that order. An order dismissing a complaint with leave to amend is a non-appealable non-final order Petnuch v. Smith, 395 So. 2d 294 (Fla. 5th DCA 1981). We therefore dismiss this appeal. However, we pause to announce that even on the merits we would affirm. The wife here seeks a fresh determination of her right to alimony and a special equity. These issues cannot be raised in…
Authorities Cited
- Hancock v. Wilford J. Piper and Alida Piper, 186 So. 2d 489 (Fla. 1966)