American States Ins. v. Streightiff

Full title: AMERICAN STATES INSURANCE COMPANY, ET AL., APPELLANTS, v. PATRICIA…

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 22, 1992

597 So. 2d 919 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-0022.

April 22, 1992.

Appeal from the Circuit Court, Broward County, Leonard L. Stafford, J.

Lamar D. Oxford of Dean, Ringers, Morgan Lawton, Orlando, for appellants.

Jane Kreusler-Walsh of Klein Walsh, P.A., West Palm Beach, Fenster and Faerber, P.A., Plantation, for appellees.

PER CURIAM.

Affirmed. We lack jurisdiction to address the propriety of the trial court's denial of the motion to dismiss the only claim against appellant American States Insurance Company [American States]. Peavy v. Parrish, 385 So.2d 1034 (Fla. 4th DCA 1980) (a denial of a motion to dismiss is not an appealable non-final order).

Therefore, we must consider that American States remained, whether properly or improperly, a defendant at the time the trial court heard appellants' joint motion to dismiss and motion to transfer venue. Because American States conducted business in Broward County, where appellees filed their complaint, the trial court did not err when it entered the appealed order which denied a transfer of venue. § 47.011, Fla. Stat. (1989).

AFFIRMED.

GLICKSTEIN, C.J., and GARRETT and FARMER, JJ., concur.