Wetterauer v. Frontenac Flea Market, Inc.

573 So. 2d 138, 1991 Fla. App. LEXIS 130, 1991 WL 1091
District Court of Appeal of Florida·Decided January 10, 1991·No. 90-348·Published·Cited by 3 cases

Opinion

573 So.2d 138 (1991)

Michael WETTERAUER, Etc., et al., Appellants,
v.
FRONTENAC FLEA MARKET, INC., Appellee.

No. 90-348.

District Court of Appeal of Florida, Fifth District.

January 10, 1991.

*139 Clifford Gorman of Peterson & Bernard, Fort Lauderdale, for appellants.

Janet DeLaura Harrison of Smalbein, Johnson, Rosier, Bussey, Rooney & Ebbets, P.A., Rockledge, for appellee.

PETERSON, Judge.

This appeal is from an order dismissing appellants' complaint with prejudice. An order granting a motion to dismiss "with prejudice" is an order granting a motion, not an order dismissing an action, and it is not appealable. McPheeters v. Tolbert, 561 So.2d 18 (Fla. 5th DCA 1990). This court has adopted a strict policy of dismissing appeals from non-final orders that are not appealable. Arcangeli v. Albertson's, Inc., 550 So.2d 557 (Fla. 5th DCA 1989).

DISMISSED.

GRIFFIN and DIAMANTIS, JJ., concur.

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Wetterauer v. Frontenac Flea Market, Inc., 573 So. 2d 138, 1991 Fla. App. LEXIS 130, 1991 WL 1091 (Fla. Ct. App. 1991).

573 So. 2d 138 (Wetterauer v. Frontenac Flea Market, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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