Moates v. Register

ON MOTION TO DISMISS

Appellant seeks review of a summary judgment in favor of appellee. After the notice of appeal was filed, appellant sought and obtained leave of the trial court to amend his complaint and drop appellee as a party. Two other defendants remain as parties below. Appellee now moves to dismiss this appeal arguing that this court does not have jurisdiction over him, as he has been dismissed as a party in the lower tribunal. We do not agree and deny the motion to dismiss.

In support of his motion to dismiss, ap-pellee relies on Martin v. Consol. City of Jacksonville, 490 So.2d 138…