EIR, INC., APPELLANT,
v.
ELECTRONIC MOLDING CORPORATION, APPELLEE

Fla. 5th DCA | 1989-03-30
No. 88-1424
SHARP, C.J., and GOSHORN, J., concur.
540 So. 2d 260 Florida District Court of Appeal, Fifth District (1989) Negative Treatment
Cited by 7 cases

Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a “Final Order Granting Defendant’s Motion to Dismiss” and an “Amended Final Order Dismissing Complaint Without Prejudice.” Both orders dismiss a complaint without prejudice to refile another. Neither order dismisses the case. Neither order is appealable. See Lawler v. Harris, 418 So. 2d 1239 (Fla. 5th DCA 1982); Gries Investment Co. v. Chelton, 388 So. 2d 1281 (Fla. 3d DCA 1980).

APPEAL DISMISSED.

SHARP, C.J., and GOSHORN, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Welch v. Resolution Tr. Corp., 590 So. 2d 1098 (Fla. 5th DCA 1991)
    …liability in favor of a party seeking affirmative relief, or whether a party is entitled 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 Pro…
  • Davis v. State, 571 So. 2d 118 (Fla. 5th DCA 1990)
    …f pursuant to Rule 3.850. See Mikenas v. State, 460 So. 2d 359 (Fla.1984); Isley v. State, 565 So. 2d 389 (Fla. 5th DCA 1990); Smothers v. State, 555 So. 2d 452 (Fla. 5th DCA 1990); Ward v. State, 545 So. 2d 523 (Fla. 5th DCA 1989); Joseph v. State, 540 So. 2d 260 (Fla. 5th DCA 1989). When a trial court summarily denies a motion for post-conviction relief without holding an evidentiary hearing or attaching portions of the record to refute the allegations, review is limited to determining whether, accepting…
  • Smith v. State, 582 So. 2d 796 (Fla. 5th DCA 1991)
    …irections. COWART and PETERSON, JJ., . concur. . Fla.R.App.P. 9.020(g). . See Mikenas v. State, 460 So. 2d 359 (Fla.1984); Isley v. State, 565 So. 2d 389 (Fla. 5th DCA 1990); Smothers v. State, 555 So. 2d 452 (Fla. 5th DCA 1990); Joseph v. State, 540 So. 2d 260 (Fla. 5th DCA 1989); Ward v. State, 545 So. 2d 523 (Fla. 5th DCA 1989). . See Kennedy v. State, 547 So. 2d 912 (Fla.1989); Gorham v. State, 521 So. 2d 1067 (Fla.1988); Squires v. State, 513 So. 2d 138 (Fla.1987); Harich v. State, 484 So. 2d 1239 (F…

Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw