SAMANTHA DEETER CURRIE
v.
ROBERT L COLVIN, INDIVIDUALLY, WAYNE LUNG, INDIVIDUALLY, MICHELLE COLVIN, INDIVIDUALLY, GABRIEL CHAVEZ, INDIVIDUALLY, JAIME GONZALEZ, INDIVIDUALLY, ACME PLUMBING, INC., ETC.
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An order granting a motion to dismiss the complaint that does not actually dismiss the complaint is not an appealable final order.
[1] In civil cases, an order that grants a motion to dismiss the complaint but does not actually dismiss the complaint is not a final order and therefore is not appealable.
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Join FLexlaw to unlock all legal intelligenceSamantha Deeter Currie appealed an order from the trial court granting a motion to dismiss in a civil case against multiple defendants.…
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DISMISSED. Johnson v. First City Bank of Gainesville, 491 So. 2d 1217 (Fla. 1st DCA 1986) (stating that in civil cases, this court has consistently held that an order which grants a motion to dismiss the complaint, but does not actually dismiss the complaint, is not an appealable order and such an order is not a final order).
MAKAR, OSTERHAUS, and BILBREY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Samantha Deeter Currie, pro se, Appellant. No appearance for Appellees.
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Citator
Authorities Cited
- Johnson v. First City Bank OF Gainesville & J. Emory Cross, 491 So. 2d 1217 (Fla. 1st DCA 1986)