Scott v. Waste Management, Inc. of Florida

Florida District Courts of Appeal January 25, 1989

Scott v. Waste Management, Inc. of Florida, 537 So. 2d 686 (1989)

14 Fla. L. Weekly 267; 1989 Fla. App. LEXIS 278; 1989 WL 6309

Dell, Hersey, Stone

Opinion of the Court

FASTRACK APPEAL

PER CURIAM.

An order simply granting a motion to dismiss a complaint “with prejudice” is not a final appealable order. Russell v. Russell, 507 So.2d 661 (Fla. 4th DCA 1987). The judicial labor remaining to be accomplished at the trial court level (upon appropriate application) is an order dismissing the complaint with prejudice. Thus, we are without jurisdiction to consider this appeal.

APPEAL DISMISSED.

HERSEY, C.J., and DELL and STONE, JJ., concur.

Reference

Full Case Name: Frank E. SCOTT and Dorothy J. Scott, his wife v. WASTE MANAGEMENT, INC. OF FLORIDA, a Florida corporation, and Joseph E. Jack, Robert E. Oliver and Howard Harrenberg, individually, jointly and severally
Cited By: 2 cases
Status: Published