Florida District Courts of Appeal, 1989

Universal Casualty Insurance Co. v. Rodriguez

Florida District Courts of Appeal · Decided May 9, 1989 · Jorgenson, Levy, Nesbitt

548 So. 2d 674; 14 Fla. L. Weekly 1143; 1989 Fla. App. LEXIS 2483; 1989 WL 47193 (Southern Reporter, Second Series)

Opinion of the Court

LEVY, Judge.

In a negligence action, the defendant below appeals the trial court’s Order granting the plaintiff’s Motion to Set Aside the Or*675der of Dismissal that had been entered by the court pursuant to Rule 1.420(e) of the Florida Rules of Civil Prodedure.

The plaintiff contends that the trial court’s Order setting aside the Order of Dismissal is a non-final Order and is, therefore, not appealable. We agree. Marsh & McLennan, Inc. vs. Aerolineas Nacionales Del Ecuador, 530 So.2d 971 (Fla. 3d DCA 1988).

Accordingly, and pursuant to the above-cited authority, this appeal is dismissed.

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