Legal Opinion

Fisher v. NCNB National Bank

District Court of Appeal of Florida

Decided May 20, 1987No. 4-86-1907Published

1Opinion of the Court

RIVKIND, LEONARD,

Associate Judge.

Appellant appeals from an order which granted a motion to dismiss his amended complaint for failure to state a cause of action. The order reads “that [defendant’s] said motion be, and the same is hereby granted.”

We have no jurisdiction to entertain this appeal. An order granting a motion to dismiss is not final and appealable within the contemplation of Fla.R.App.P. 9.030(b)(1)(A). Furthermore, this is not a nonfinal order subject to review by interlocutory appeal. Fla.R.App.P. 9.130(a)(3). Russell v. Russell, 507 So.2d 661 (Fla. 4th DCA 1987); Board of County…

2Cases cited8 opinions

  1. Gries Inv. Co. v. CheltonDistrict Court of Appeal of Florida · 1980
  2. BD. OF CTY. COMM'RS OF MADISON CTY. v. GriceSupreme Court of Florida · 1983
  3. Russell v. RussellDistrict Court of Appeal of Florida · 1987
  4. Horton v. Unigard Ins. Co.District Court of Appeal of Florida · 1978
  5. Guth v. HowardDistrict Court of Appeal of Florida · 1978

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