Berenyi v. Halifax Hospital District

Florida District Courts of Appeal May 17, 1984

Berenyi v. Halifax Hospital District, 451 So. 2d 524 (1984)

1984 Fla. App. LEXIS 13208

Coleman, Cowart, Dauksch

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.

Reference

Full Case Name: George BERENYI and Naomi Berenyi, his wife v. HALIFAX HOSPITAL DISTRICT d/b/a Halifax Hospital Medical Center Garner Emergency Physicians, P.A., a Florida professional association Iris Eisenberg, M.D. and Charles J. Wolfe, M.D.
Cited By: 1 case
Status: Published