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Papa v. Purebred Breeders, LLC

District Court of Appeal of Florida, Third District.
Jul 30, 2014
146 So. 3d 65 (Fla. Dist. Ct. App. 2014)

Opinion

No. 3D13–610.

2014-07-30

Jennifer PAPA, et al., Appellants, v. PUREBRED BREEDERS, LLC, etc., et al., Appellees.

An Appeal from the Circuit Court for Miami–Dade County, Spencer Eig, Judge. Cohen Milstein Sellers & Toll, PLLC, and Theodore J. Leopold and Diana L. Martin (Palm Beach Gardens), for appellants. Akerman, LLP, and Christopher S. Carver and Erika R. Shuminer, for appellees.


An Appeal from the Circuit Court for Miami–Dade County, Spencer Eig, Judge.
Cohen Milstein Sellers & Toll, PLLC, and Theodore J. Leopold and Diana L. Martin (Palm Beach Gardens), for appellants. Akerman, LLP, and Christopher S. Carver and Erika R. Shuminer, for appellees.
Before WELLS, SALTER and SCALES, JJ.

PER CURIAM.

Jennifer Papa, et al., Plaintiffs below, appeal from an “Amended Final Judgment of Dismissal” without prejudice. Appellants claim that no judgment should have been entered, and that the action should, instead, have been dismissed without prejudice.

Because we agree that the trial court intended to allow Plaintiffs to refile in the county court and that a final judgment “without prejudice” is, in effect, not a final judgment, we reverse and remand for entry of a dismissal of the action without prejudice.

Reversed and remanded with instructions consistent herein.


Summaries of

Papa v. Purebred Breeders, LLC

District Court of Appeal of Florida, Third District.
Jul 30, 2014
146 So. 3d 65 (Fla. Dist. Ct. App. 2014)
Case details for

Papa v. Purebred Breeders, LLC

Case Details

Full title:Jennifer PAPA, et al., Appellants, v. PUREBRED BREEDERS, LLC, etc., et…

Court:District Court of Appeal of Florida, Third District.

Date published: Jul 30, 2014

Citations

146 So. 3d 65 (Fla. Dist. Ct. App. 2014)