Florida District Courts of Appeal, 2006

Shaw v. Associated Grocers of Florida

Shaw v. Associated Grocers of Florida
Florida District Courts of Appeal · Decided December 8, 2006 · Allen, Ervin, Wolf
945 So. 2d 572; 2006 Fla. App. LEXIS 20570; 2006 WL 3524388 (Southern Reporter, Second Series)

Shaw v. Associated Grocers of Florida

Opinion of the Court

PER CURIAM.

This appeal is dismissed as being improperly brought from a nonfinal order which granted a motion to dismiss, but which did not actually dismiss the action in the lower tribunal. See Mintz v. Broward Correctional Institute, 800 So.2d 348 (Fla. 1st DCA 2001). Furthermore, it appears that in the procedural context below a dismissal in the lower tribunal would be without prejudice.

ERVIN, ALLEN and WOLF, JJ., concur.

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