Davis v. Starfish Ventures Ltd.

870 So. 2d 918, 2004 Fla. App. LEXIS 5464, 2004 WL 840251
District Court of Appeal of Florida·Decided April 21, 2004·No. No. 3D03-2538·Published

Opinion

PER CURIAM.

Billy Wayne Davis, Newport Harbour Limited and E. Dawson Roberts appeal an order denying their motion to dismiss on the basis, inter alia, of the statute of limitations and the economic loss rule. We dismiss that part of the appeal as being from a non-final, non-appealable order. See Couture Farms v. Triton International, Inc., 682 So.2d 578, 579 (Fla. 3d DCA 1996).

The appellants appeal the trial court’s order denying the motion to dismiss based on a claim of improper venue, which was treated as a motion to dismiss for lack of long-arm jurisdiction. The appellants also appeal the order denying their motion to dismiss under Florida Rule of Civil Procedure 1.061, the forum non conveniens rule. See generally Fla. R.App. P. 9.130(a)(3)(A), (C)(i). We find no error and affirm. See Venetian Salami Co. v. Parthenais, 554 So.2d 499, 502 (Fla.1989); § 48.193(1)(b), Fla. Stat.

Affirmed in part; appeal dismissed in part.

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Davis v. Starfish Ventures Ltd., 870 So. 2d 918, 2004 Fla. App. LEXIS 5464, 2004 WL 840251 (Fla. Ct. App. 2004).

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Related

Venetian Salami Co. v. Parthenais
554 So. 2d 499 (Supreme Court of Florida, 1989)
Couture Farms v. Triton International Inc.
682 So. 2d 578 (District Court of Appeal of Florida, 1996)