Windhover Ass'n v. Gulf Oil Realty Co.

ON MOTION FOR REHEARING

ORFINGER, Judge.

Petitioner requests in its motion for rehearing that we reconsider the denial of the petition for writ of certiorari on the ground that the dismissal of Count III of the complaint would be final as to defendant Robert T. Craig, since he is joined as a defendant only in that count. The order dismissed Count III with leave to amend. As such, it is a non-appealable non-final order. Petnuch v. Smith, 395 So.2d 294 (Fla. 5th DCA 1981).

A non-final order not susceptible to appeal may be reviewed by common law cer-tiorari if the proper criteria are met. Finney…