Berenyi v. Halifax Hospital District

451 So. 2d 524, 1984 Fla. App. LEXIS 13208
District Court of Appeal of Florida·Decided May 17, 1984·No. No. 83-963·Published·Cited by 1 cases

Opinion

DAUKSCH, Judge.

This is an appeal from an order which says only “... the Motion to Dismiss is granted.” We are without jurisdiction to entertain an appeal from such an order. It is noted further that the motion to dismiss is based upon the asserted failure to state a cause of action. An order dismissing a complaint-without saying “with prejudice” means the complaint may be refiled; proceedings below have not been terminated by the order and we have no jurisdiction.

APPEAL DISMISSED.

COWART, J., and COLEMAN, T.P., Associate Judge, concur.

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Berenyi v. Halifax Hospital District, 451 So. 2d 524, 1984 Fla. App. LEXIS 13208 (Fla. Ct. App. 1984).

451 So. 2d 524 (Berenyi v. Halifax Hospital District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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