THEODORE J. THOMPSON
v.
ADMIRAL MANUFACTURING HOUSING COMMUNITY BRANDI PARKER

Fla. 1st DCA | 2019-09-20
No. 19-2640
Florida District Court of Appeal, First District (2019)

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Holding

An order granting a motion to dismiss, even if labeled 'with prejudice,' is not a final or appealable order under Florida law.


Headnotes

[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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Key Quotes

“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

Facts & Procedural History

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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Opinion of the Court

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.

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