Florida District Courts of Appeal, 1984

Berenyi v. Halifax Hospital District

Florida District Courts of Appeal · Decided May 17, 1984 · Coleman, Cowart, Dauksch

451 So. 2d 524; 1984 Fla. App. LEXIS 13208 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Salasky v. Humana Hosp. Kissimmee Auxiliary, Inc. (Fla. Dist. Ct. App. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from an order which says only “... the Motion to Dismiss is granted.” We are without jurisdiction to entertain an appeal from such an order. It is noted further that the motion to dismiss is based upon the asserted failure to state a cause of action. An order dismissing a complaint-without saying “with prejudice” means the complaint may be refiled; proceedings below have not been terminated by the order and we have no jurisdiction.

APPEAL DISMISSED.

COWART, J., and COLEMAN, T.P., Associate Judge, concur.

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