Berenyi v. Halifax Hospital District

District Court of Appeal of Florida

Berenyi v. Halifax Hospital District

451 So. 2d 524, 1984 Fla. App. LEXIS 13208

CourtDistrict Court of Appeal of Florida

DecidedMay 17, 1984

DocketNo. 83-963

StatusPublished

Cited by1 cases

This text of 451 So. 2d 524 (Berenyi v. Halifax Hospital District) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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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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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451 So. 2d 524, 1984 Fla. App. LEXIS 13208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berenyi-v-halifax-hospital-district-fladistctapp-1984.

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