[Download] "Hoffman v. Hall" by Florida Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Hoffman v. Hall
- Author : Florida Court of Appeals
- Release Date : January 06, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
The circuit court issued an order titled, "Order on Defendants Motion to Dismiss Second Amended Complaint." Paragraph 1 of the order stated that the defendants motion to dismiss was granted. Paragraph 2 of the order stated, "Plaintiffs Second Amended Complaint shall be dismissed with prejudice and judgment in favor of defendant shall be entered." This phrasing suggests that some future action "shall" be taken when the final judgment "shall" be issued. In addition, the title to the order does not indicate that it is intended to be a final order, but rather is simply an order on a motion. An order which merely grants a motion to dismiss but does not actually enter a final judgment is non-final and non-appealable. Gries Inv. Co. v. Chelton, 388 So. 2d 1281 (Fla. 3d DCA 1980).