THEODORE J. THOMPSON
v.
ADMIRAL MANUFACTURING HOUSING COMMUNITY BRANDI PARKER
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An order granting a motion to dismiss, even if labeled 'with prejudice,' is not a final or appealable order under Florida law.
[1] An order granting a motion to dismiss is not rendered final or appealable merely by the inclusion of the phrase 'with prejudice'; rather, such an order remains an order g…
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Join FLexlaw to unlock all legal intelligence“an order granting a motion to dismiss with prejudice is 'an order granting a motion, not an order dismissing the action' and is not final or appealable”
Citation to Johnson v. First City Bank of Gainesville establishing the rule that such orders lack finality
Thompson appealed from a circuit court order in Escambia County granting a motion to dismiss filed by Admiral Manufacturing Housing Community and Bran…
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PER CURIAM.
DISMISSED. Dedge v. Crosby, 914 So. 2d 1055 (Fla. 1st DCA 2005) (holding mere phrase "with prejudice" does not make a final order of an order merely granting a motion); Johnson v. First City Bank of Gainesville, 491 So. 2d 1217 (Fla. 1st DCA 1986) (holding that an order granting a motion to dismiss with prejudice is “an order granting a motion, not an order dismissing the action” and is not final or appealable).
ROWE, OSTERHAUS, and KELSEY, JJ., concur. _____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Theodore J. Thompson, pro se, Appellant.
No appearance for Appellees.
2
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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)
- Dep't OF Child. & Families v. In the Interest of L. R., 914 So. 2d 1055 (Fla. 1st DCA 2005)