Opinion
December 18, 1951.
Appeal from the Circuit Court, Indian River County, A.O. Kanner, J.
R.S. Swing, Vero Beach, for appellant.
Otis R. Parker, Jr., Fort Pierce, for appellee.
This is an appeal in a common law action from an order sustaining a motion to dismiss, with further leave to amend an amendment to the amended complaint. The order, supra, sought to be reviewed here on appeal is not a final judgment or such an order as disposes of the case on its merits, but at the most is only an interlocutory order in a common law action which cannot under our adjudications be reviewed on appeal in this Court. It therefore follows that the appeal should be and is hereby dismissed ex mero motu.
SEBRING, C.J., and CHAPMAN, ROBERTS and MATHEWS, JJ., concur.