Johnson v. Girtman

District Court of Appeal of Florida

Johnson v. Girtman

44 So. 3d 261, 2010 Fla. App. LEXIS 15543, 2010 WL 3984716

District Court of Appeal of Florida·Decided October 13, 2010·No. 4D10-451·Published

Opinion

On Motion for Rehearing

PER CURIAM.

We deny the motion for rehearing, withdraw our previously issued opinion, and substitute the following in its place.

Dismissed. See Traylor Bros., Inc. v. Shipman, 758 So.2d 91 (Fla.2000) (order denying a motion to dismiss pursuant to Florida Rule of Civil Procedure 1.070(j) is not an appealable non-final order); see also Wick v. Spector, 562 So.2d 402 (Fla. 3d DCA 1990) (order denying motion to dismiss for failure to prosecute is a non-final, non-appealable order).

GROSS, C.J., WARNER and CIKLIN, JJ., concur.

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On Motion for Rehearing

PER CURIAM.

We deny the motion for rehearing, withdraw our previously issued opinion, and substitute the following in its place.

Dismissed. See Traylor Bros., Inc. v. Shipman, 758 So.2d 91 (Fla.2000) (order denying a motion to dismiss pursuant to Florida Rule of Civil Procedure 1.070(j) is not an appealable non-final order); see also Wick v. Spector, 562 So.2d 402 (Fla. 3d DCA 1990) (order denying motion to dismiss for failure to prosecute is a non-final, non-appealable order).

GROSS, C.J., WARNER and CIKLIN, JJ., concur.

Johnson v. Girtman, 44 So. 3d 261, 2010 Fla. App. LEXIS 15543, 2010 WL 3984716 (Fla. Ct. App. 2010).

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Opinion

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