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Wetterauer v. Frontenac Flea Market, Inc., 90-348 (1991)

Court: District Court of Appeal of Florida Number: 90-348 Visitors: 8
Judges: Peterson
Filed: Jan. 10, 1991
Latest Update: Mar. 28, 2017
Summary: 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
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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.

Source:  CourtListener

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