Florida District Courts of Appeal, 1991

Wetterauer v. Frontenac Flea Market, Inc.

Florida District Courts of Appeal · Decided January 10, 1991 · Peterson

573 So. 2d 138; 1991 Fla. App. LEXIS 130; 1991 WL 1091 (Southern Reporter, Second Series)

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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