FRANK E. SCOTT AND DOROTHY J. SCOTT, HIS WIFE, APPELLANTS,
v.
WASTE MANAGEMENT, INC. OF FLORIDA, A FLORIDA CORPORATION, AND JOSEPH E. JACK, ROBERT E. OLIVER AND HOWARD HARRENBERG, INDIVIDUALLY, JOINTLY AND SEVERALLY, APPELLEES

Fla. 4th DCA | 1989-01-25
No. 88-2469
HERSEY, C.J., and DELL and STONE, JJ., concur.
537 So. 2d 686 Florida District Court of Appeal, Fourth District (1989) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

An order simply granting a motion to dismiss a complaint “with prejudice” is not a final appealable order. Russell v. Russell, 507 So. 2d 661 (Fla. 4th DCA 1987). The judicial labor remaining to be accomplished at the trial court level (upon appropriate application) is an order dismissing the complaint with prejudice. Thus, we are without jurisdiction to consider this appeal.

APPEAL DISMISSED.

HERSEY, C.J., and DELL and STONE, JJ., concur.

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  • Welch v. Resolution Tr. Corp., 590 So. 2d 1098 (Fla. 5th DCA 1991)
    …to arbitration. An order granting a motion to dismiss without prejudice is not an appeal-able final or non-final order. EIR, Inc. v. Electronic Molding Corp., 540 So. 2d 260 (Fla. 5th DCA 1989); see also Scott v. Waste Management Inc. of Florida, 537 So. 2d 686 (Fla. 4th DCA 1989). A final summary judgment entered on one count of a multi-count complaint is not appealable where interrelated counts remain. Boca Grande Property Owners Ass’n, Inc. v. Boca Development Associates, Inc., 570 So. 2d 1091 (Fla. 4th…
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    …See Gries Investment Co. v. Chelton, 388 So. 2d 1281, 1282 (Fla.3d DCA 1980); Guth v. Howard, 362 So. 2d 725 (Fla.2d DCA 1978) (an order granting a motion to dismiss is not an order of dismissal). See also Scott v. Waste Management, Inc. of Florida, 537 So. 2d 686 (Fla.4th DCA 1989). It is therefore of no significance for present purposes that plaintiffs failed to appeal within thirty days, or to file a motion for rehearing within ten days, following entry of either the January 20, 1987 order or the July 27…

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