Summary
holding order merely granting employer/carrier's motion to dismiss is not an appealable final order
Summary of this case from Fountain v. PMI Employee LeasingOpinion
No. 1D01-3869.
November 26, 2001.
An appeal from an order of the Judge of Compensation Claims. Mily Rodriguez-Powell, Judge.
Joseph Hackney, Jr., Miami, for appellant.
No appearance for appellees.
Although entitled a "Final Order of Dismissal," the order of the lower tribunal in this case merely grants a motion to dismiss. As such, the order is nonfinal and nonappealable. See Board of County Commissioners v. Grice, 438 So.2d 392 (Fla. 1983); Benton v. Moore, 655 So.2d 1272 (Fla. 1st DCA 1995). Accordingly, we dismiss this appeal without prejudice to appellant's right to seek review upon entry of a final order of dismissal.
KAHN, LEWIS and POLSTON, JJ., concur.