Traylor Bros., Inc. v. Shipman

District Court of Appeal of Florida

Traylor Bros., Inc. v. Shipman

738 So. 2d 1028, 1999 Fla. App. LEXIS 11160, 1999 WL 629865

CourtDistrict Court of Appeal of Florida

DecidedAugust 20, 1999

DocketNo. 99-1672

StatusPublished

Cited by1 cases

This text of 738 So. 2d 1028 (Traylor Bros., Inc. v. Shipman) 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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Traylor Bros., Inc. v. Shipman, 738 So. 2d 1028, 1999 Fla. App. LEXIS 11160, 1999 WL 629865 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Because this is an appeal from an order which denied a motion to dismiss for failure to timely serve a defendant, it is not an appealable, non-final order. The appeal is, accordingly, dismissed. See Thomas v. Silvers, 701 So.2d 389 (Fla. 3d DCA 1997), review granted, No. 91,860, — So.2d(Fla. Mar. 31, 1998); Khandjian v. Compagnie Financiere Mediterranee Cofimed, S.A., 619 So.2d 348 (Fla. 2d DCA 1993). Similar to the Third District in Thomas v. Silvers, we certify conflict with Mid-Florida Associates, Ltd. v. Taylor, 641 So.2d 182 (Fla. 5th DCA 1994), and Comisky v. Rosen Management Service, Inc., 630 So.2d 628 (Fla. 4th DCA 1994) (en banc).

APPEAL DISMISSED.

BARFIELD, C.J., ERVIN and WOLF, JJ., CONCUR.

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PER CURIAM.

Because this is an appeal from an order which denied a motion to dismiss for failure to timely serve a defendant, it is not an appealable, non-final order. The appeal is, accordingly, dismissed. See Thomas v. Silvers, 701 So.2d 389 (Fla. 3d DCA 1997), review granted, No. 91,860, — So.2d(Fla. Mar. 31, 1998); Khandjian v. Compagnie Financiere Mediterranee Cofimed, S.A., 619 So.2d 348 (Fla. 2d DCA 1993). Similar to the Third District in Thomas v. Silvers, we certify conflict with Mid-Florida Associates, Ltd. v. Taylor, 641 So.2d 182 (Fla. 5th DCA 1994), and Comisky v. Rosen Management Service, Inc., 630 So.2d 628 (Fla. 4th DCA 1994) (en banc).

APPEAL DISMISSED.

BARFIELD, C.J., ERVIN and WOLF, JJ., CONCUR.

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Bluebook (online)

738 So. 2d 1028, 1999 Fla. App. LEXIS 11160, 1999 WL 629865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/traylor-bros-inc-v-shipman-fladistctapp-1999.

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