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Atria v. Anton

District Court of Appeal of Florida, Fourth District
Feb 6, 1980
379 So. 2d 462 (Fla. Dist. Ct. App. 1980)

Opinion

No. 78-1832.

February 6, 1980.

Appeal from the Circuit Court, Broward County, J. Cail Lee, J.

Myles J. Tralins of Myles J. Tralins, P.A., Miami, for appellants.

David L. Klein of Abrams, Anton, Robbins, Resnick, Schneider Mager, P.A., Hollywood, for appellees.


This Court has sua sponte raised the question of whether the order appealed from is final in nature so as to support a plenary appeal under Fla.R.App.P. 9.030(b)(1)(A). We conclude that the order is not final in that it merely granted a motion to dismiss. Guth v. Howard, 362 So.2d 725 (Fla. 2nd DCA 1978). Nor is the order reviewable by interlocutory appeal. Fla.R.App.P. 9.130(a)(3). Consequently, although close questions are presented concerning the technical allegations of the complaint and the necessity for attachment of relevant documents, we have no jurisdiction to consider these issues at this time. In order to expedite any future review by this Court of subsequent proceedings in this cause, the parties are ordered to advise this Court, upon undertaking such review, of the instant attempted appeal.

Since we have no jurisdiction, this appeal is dismissed.

MOORE, BERANEK and HURLEY, JJ., concur.


Summaries of

Atria v. Anton

District Court of Appeal of Florida, Fourth District
Feb 6, 1980
379 So. 2d 462 (Fla. Dist. Ct. App. 1980)
Case details for

Atria v. Anton

Case Details

Full title:XAVIER S. ATRIA AND GREGORY ATRIA, APPELLANTS, v. PAUL B. ANTON AND DAVID…

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 6, 1980

Citations

379 So. 2d 462 (Fla. Dist. Ct. App. 1980)

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