McPheeters v. Tolbert, 561 So. 2d 18

PER CURIAM.

The trial court‘s denial of the Motion for Relief from Judgment and Motion for Rehearing is affirmed in circuit court case number 88-2309-CA-A.

The appeal of the order dismissing appellant‘s complaint with prejudice in circuit court case number 88-3729-CA-B is dismissed since this court lacks jurisdiction. An order granting a motion to dismiss “with prejudice” is an order granting a motion, not an order dismissing an action, and it is not appealable. Johnson v. First City Bank of Gainesville, 491 So.2d 1217 (Fla. 1st DCA 1986). This court has adopted a strict policy of dismissal of non-final orders. Arcangeli v. Albertson‘s, Inc., 550 So.2d 557 (Fla. 5th DCA 1989).

COBB, PETERSON and GRIFFIN, JJ., concur.

Case Details

Case Name: McPheeters v. Tolbert

Court Name: District Court of Appeal of Florida

Date Published: May 10, 1990

Citations: 561 So. 2d 18; 89-1003, 89-1004

Docket Number: 89-1003, 89-1004

Court Abbreviation: Fla. Dist. Ct. App.