Comisky v. Rosen Management Service, Inc.

I respectfully dissent. In my view, Morales v. Sperry Rand Corp., 601 So.2d 538 (Fla.1992), does not warrant a conclusion that we should now expand the class of appealable non-final orders under rule 9.130(a)(3) to include orders that deny a motion to dismiss brought pursuant to rule 1.070(j), based solely on the failure to obtain timely service of process. I share the view of the Second District in Khandjian v. Compagnie Financier Mediterranee Cofimed, 619 So.2d 348 (Fla. 2d DCA 1993), that to construe Morales otherwise, without an amendment to rule 9.130 or a decision by the supreme court,…