Contreras v. Fernandez

Full title: Abner M. Contreras, Appellant, v. David Fernandez, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Oct 2, 2024

No. 3D24-0894 (Fla. Dist. Ct. App. Oct. 2, 2024)

Opinion

3D24-0894

10-02-2024

Abner M. Contreras, Appellant, v. David Fernandez, Appellee.

Abner M. Contreras, in proper person. Law Offices of Robert P. Frankel, P.A., and Robert P. Frankel (Plantation), for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An Appeal from the County Court for Miami-Dade County Lower Tribunal No. 23-10266-CC-05, Diana Gonzalez-Whyte, Judge.

Abner M. Contreras, in proper person.

Law Offices of Robert P. Frankel, P.A., and Robert P. Frankel (Plantation), for appellee.

Before LINDSEY, MILLER, and GORDO, JJ.

PER CURIAM.

Before us on appeal is an order dismissing Appellant Abner M. Contreras's second amended complaint. The order merely states that the corrected motion to dismiss the second amended complaint "is granted." It neither contains words of finality nor enters a dismissal in Appellee David Fernandez's favor. Because this is not a final order capable of review, we lack jurisdiction to do so. Accordingly, we dismiss this appeal. See Henrion v. New Era Realty IV, Inc., 567 So.2d 562, 563 (Fla. 4th DCA 1990) ("Once again we caution trial judges and attorneys alike that this court lacks jurisdiction over an order granting a motion to dismiss a complaint, when that order does not contain the requisite words of finality indicating that the cause is dismissed.").

Dismissed.