Ken HOFFMAN, Trustee of the Eric S. Hoffman Irrevocable Trust, Appellant,
v.
William D. HALL, Appellee.
District Court of Appeal of Florida, First District.
Michael P. Bist and William C. Owen of Gardner, Duggar, Bist & Wiener, Tallahassee, for appellant.
*1058 William D. Hall, Tallahassee; J. Steven Carter of Henry, Buchanan, Hudson, Suber & Carter, Tallahassee, for appellee.
PER CURIAM.
Appellee moves to dismiss this appeal as premature asserting that the order sought to be reviewed is not final. We agree and dismiss the appeal.
The circuit court issued an order titled, "Order on Defendant's Motion to Dismiss Second Amended Complaint." Paragraph 1 of the order stated that the defendant's motion to dismiss was granted. Paragraph 2 of the order stated, "Plaintiffs Second Amended Complaint shall be dismissed with prejudice and judgment in favor of defendant shall be entered." This phrasing suggests that some future action "shall" be taken when the final judgment "shall" be issued. In addition, the title to the order does not indicate that it is intended to be a final order, but rather is simply an order on a motion. An order which merely grants a motion to dismiss but does not actually enter a final judgment is nonfinal and nonappealable. Gries Inv. Co. v. Chelton,
In order to be final for appellate purposes, an order must demonstrate an end to the judicial labor in the case. Pruitt v. Brock,
To be appealable as a final order, an order must contain unequivocal language of finality. Allstate Ins. Co. v. Collier,
*1059 We decline appellant's suggestion to review the order by petition for writ of certiorari. A non-final order for which no appeal is provided by Florida Rule of Civil Procedure 9.130 is reviewable by petition for certiorari only in limited circumstances. Appellant has made no showing that the order was a departure from the essential requirements of law resulting in material injury throughout the remainder of the proceedings below, effectively leaving no adequate remedy on appeal. Martin-Johnson, Inc. v. Savage,
DISMISSED.
BOOTH, BARFIELD and VAN NORTWICK, JJ., concur.
