Acosta v. F R Scaffolds

Full title: Jose Francisco ACOSTA, Appellant, v. F R SCAFFOLDS, INC., et al., Appellees

Court: District Court of Appeal of Florida, Third District

Date published: Jan 7, 2009

997 So. 2d 1279 (Fla. Dist. Ct. App. 2009)

Opinion

No. 3D08-1338.

January 7, 2009.

An Appeal from the Circuit Court for Miami-Dade County, Gill S. Freeman, Judge.

Thomas E. Elfers, Miami, for appellant.

Abadin Cook, Aldo M. Leiva, and Erin E. Dardis, Miami, for appellee, F R Scaffolds, Inc.

Before GERSTEN, C.J., and SUAREZ and CORTIÑAS, JJ.

PER CURIAM.

Jose Francisco Acosta ("Acosta") appeals from the trial court's order denying plaintiffs second petition for writ of mandamus or alternatively, motion to compel business records. Because we find this order is non-final and non-appealable, we dismiss the appeal for lack jurisdiction. See Fla.R.App.P. 9.130. We also exercise our discretion and decline to entertain the appeal as a petition for writ of certiorari. See Fla.R.App.P. 9.040(c).

Dismissed.