AMERICAN STATES INSURANCE COMPANY, ET AL., APPELLANTS,
v.
PATRICIA STREIGHTIFF, ET AL., APPELLEES

Fla. 4th DCA | 1992-04-22
No. 92-0022
GLICKSTEIN, C.J., and GARRETT and FARMER, JJ., concur.
597 So. 2d 919 Florida District Court of Appeal, Fourth District (1992) Positive Treatment
Cited by 2 cases
Topics
Appealability Of Non-Final Orders Transfer Of Venue Jurisdiction

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. We lack jurisdiction to address the propriety of the trial court’s denial of the motion to dismiss the only claim against appellant American States Insurance Company [American States]. Peavy v. Parrish, 385 So. 2d 1034 (Fla. 4th DCA 1980) (a denial of a motion to dismiss is not an appealable non-final order).

Therefore, we must consider that American States remained, whether properly or improperly, a defendant at the time the trial court heard appellants’ joint motion to dismiss and motion to transfer venue. Because American States conducted business in Broward County, where appel-lees filed their complaint, the trial court did not err when it entered the appealed order which denied a transfer of venue. § 47.-011, Fla.Stat. (1989).

AFFIRMED.

GLICKSTEIN, C.J., and GARRETT and FARMER, JJ., concur.

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  • N.M.R. v. State, 711 So. 2d 145 (Fla. 5th DCA 1998)
    …il as punishment for contempt when the statute under which the juvenile was sentenced specifically prohibited his or her placement in jail or other facilities intended for adults. L.M. v. State, 592 So. 2d 1210 (Fla. 2d DCA 1992). See N.T. v. State, 597 So. 2d 919 (Fla. 2d DCA 1992). REVERSED. HARRIS, J., concurs. GRIFFIN, C.J., concurs in result only. . The result in this case might be different if the trial court had transferred appellant to the adult division. See B.M. v. State, 523 So. 2d 1185 (Fla. 2…
  • J & S Installation Specialist, Inc. v. Mabry, 857 So. 2d 346 (Fla. 2d DCA 2003)
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