American States Insurance Co. v. Streightiff

597 So. 2d 919, 1992 Fla. App. LEXIS 4488, 1992 WL 79730

Opinion

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.