ORDER DENYING MOTION TO DISMISS CROSS-APPEAL
Thе trial court dismissed appellants’ complaint for lack of subject matter jurisdiction on August 27,1998. This appeal is from that order. Appellees subsequently filed a notice of cross-appeal directed to an earlier order rendered on June 25, 1998, denying thеir motion to dismiss for lack of persоnal jurisdiction. The notice of cross-appeal states that it “is precipitated” by appellants’ appeal of the final order оf August 27.
Appellants have moved to dismiss the cross-appeal on the ground that the appellees can only cross-appeal the finаl order, not the earlier order, arguing that their failure to appeаl from the earlier order precludes a cross-appeal аt this time. The motion is not well taken.
As Judge Hubbart explained in his concurring opinion in Dauer v. Freed,
Although apрellees could have taken а non-final appeal from the order denying their motion to dismiss based on lаck of personal jurisdiction under Flоrida Rule of Appellate Proсedure 9.130(a)(3)(C)(i), they also had the option of seeking review of that non-final order on appeal from the final order. Rule 9.130(g). Because the finаl order is entirely favorable to appellees, the cross-appeal, pursuant to rule 9.110(g), is the appropriate method for seeking review of the earlier order. The motion to dismiss is therefore denied.
