Bushweiler v. Levine
This text of 476 So. 2d 725 (Bushweiler v. Levine) 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.
Opinion
Alan BUSHWEILER, Appellant,
v.
Alvin W. LEVINE and Marlex, Inc., Appellees.
District Court of Appeal of Florida, Fourth District.
Gary Gerrard of Haddad, Josephs & Jack, Coral Gables, for appellant.
No brief filed on behalf of appellees.
PER CURIAM.
The appellant seeks review of an order, the decretal part of which provides: "motion to dismiss for failure to comply with pre-trial order is hereby dismissed without prejudice." Such an order is not an appealable final order since it failed to contain the *726 "magic words demonstrating finality." Allstate Ins. Co. v. Collier, 405 So.2d 311 (Fla. 4th DCA 1981) and Atria v. Anton, 379 So.2d 462 (Fla. 4th DCA 1980). Similarly, it does not qualify under the Florida Rule of Appellate Procedure 9.130 as an appealable non-final order. Accordingly, we dismiss this appeal.
DOWNEY, LETTS and HURLEY, JJ., concur.
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Cite This Page — Counsel Stack
476 So. 2d 725, 10 Fla. L. Weekly 2215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bushweiler-v-levine-fladistctapp-1985.