Florida District Courts of Appeal, 2010

Johnson v. Girtman

Johnson v. Girtman
Florida District Courts of Appeal · Decided October 13, 2010 · Ciklin, Gross, Warner
44 So. 3d 261; 2010 Fla. App. LEXIS 15543; 2010 WL 3984716 (Southern Reporter, Third Series)

Johnson v. Girtman

Opinion

On Motion for Rehearing

PER CURIAM.

We deny the motion for rehearing, withdraw our previously issued opinion, and substitute the following in its place.

Dismissed. See Traylor Bros., Inc. v. Shipman, 758 So.2d 91 (Fla. 2000) (order denying a motion to dismiss pursuant to Florida Rule of Civil Procedure 1.070(j) is not an appealable non-final order); see also Wick v. Spector, 562 So.2d 402 (Fla. 3d DCA 1990) (order denying motion to dismiss for failure to prosecute is a non-final, non-appealable order).

GROSS, C.J., WARNER and CIKLIN, JJ., concur.

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