Opinion
No. 99-2920
Opinion filed October 27, 1999 JULY TERM 1999
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Leroy H. Moe, Judge; L.T. No. 99-002588 (13).
J. Scott Dunn of Sabghir Associates, Tamarac, for appellant.
Jerome A. Pivnik of Pivnik Nitsche, P.A., Miami, for Appellee-Atlantic Elevator Sales Services, Inc.
ORDER DENYING MOTION TO DISMISS
Appellant plaintiff filed this personal injury suit against two defendants as a result of two different accidents, a little more than one year apart, which combined to cause an injury which could not be apportioned. The trial court dismissed the claim against the defendant involved in the second accident without prejudice to plaintiff's refiling a separate suit. Plaintiff has appealed that order,and defendant has moved to dismiss on the ground that it is not an appealable order because it is without prejudice to filing a separate suit.
The fact that the dismissal is not with prejudice is not determinative of whether the order is final and therefore appealable. Smith v. St. Vil., 714 So.2d 603 (Fla. 4th DCA 1998). This order, which is a dismissal of the plaintiff's case against one party, is a final order, and is therefore appealable. Smith (reviewing by final appeal an order dismissing a complaint as to an insurer because the insurer was improperly joined as a party). The motion to dismiss is therefore denied.
GUNTHER, SHAHOOD and KLEIN, JJ., concur.