Traylor Brothers, Inc. v. Shipman

Full title: TRAYLOR BROTHERS, INC., Appellant, v. TORA SHIPMAN, as Personal…

Court: District Court of Appeal of Florida, First District

Date published: Aug 20, 1999

738 So. 2d 1028 (Fla. Dist. Ct. App. 1999)

Opinion

No. 99-1672.

Opinion filed August 20, 1999.

An appeal from the Circuit Court for Duval County, Michael R. Weatherby, Judge.

J. Scott Murphy and Michael H. Gotschall of Murphy Cooley, Orlando, for Appellant.

David M. Wiesenfeld of Bickner, Wiesenfeld Delves, Orange Park, for Appellee.

PER CURIAM.

Because this is an appeal from an order which denied a motion to dismiss for failure to timely serve a defendant, it is not an appealable, non-final order. The appeal is, accordingly, dismissed. See Thomas v. Silvers, 701 So.2d 389 (Fla. 3d DCA 1997), review granted, No. 91,860, ___ U.S. ___, (Fla. Mar. 31, 1998); Khandjian v. Compagnie Financiere Mediterranee Cofimed, S.A., 619 So.2d 348 (Fla. 2d DCA 1993). Similar to the Third District in Thomas v. Silvers, we certify conflict with Mid-Florida Associates, Ltd. v. Taylor, 641 So.2d 182 (Fla. 5th DCA 1994), and Comisky v. Rosen Management Service, Inc., 630 So.2d 628 (Fla. 4th DCA 1994) (en banc).

APPEAL DISMISSED.

BARFIELD, C.J., ERVIN and WOLF, JJ., CONCUR.