Opinion
1D2022-3762
05-22-2024
Crystal Trish Gonzalez, Appellant, v. Coliseum Motors, a Corporation and Charles Higbee, Appellees.
Robert Allen, Pensacola, for Appellant. No appearance for Appellees.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
On appeal from the Circuit Court for Escambia County. Amy P. Brodersen, Judge.
Robert Allen, Pensacola, for Appellant.
No appearance for Appellees.
PER CURIAM.
DISMISSED. See McGuire v. Fla. Lottery, 17 So.3d 1276 (Fla. 1st DCA 2009) (dismissing an appeal for lack of jurisdiction where the trial court granted a motion to dismiss without prejudice); see also Kopel v. Kopel, 229 So.3d 812 (Fla. 2017) (recognizing for statute of limitations purposes that "as long as the initial complaint gives the defendant fair notice of the . . . factual underpinning of the claim, amendments stating new legal theories can relate back . . . even where the legal theory of recovery has changed or where the original and amended claims require the assertion of different elements").
OSTERHAUS, C.J., and LEWIS and TANENBAUM, JJ., concur.