Robert H. WELCH, Appellant,
v.
RESOLUTION TRUST CORPORATION, Etc., Appellee.
District Court of Appeal of Florida, Fifth District.
*1099 William L. Eagan and Robert A. White of Arnold, Mathene & Eagan, P.A., Orlando, for appellant.
Alan C. Aksell and Randolph J. Rush of Anderson & Rush, Orlando, for appellee.
HARRIS, Judge.
This action was originally filed by Resolution Trust Corp. (now AmeriFirst) against Spanish Oaks, Welch, Spanish Oaks Properties, Inc., and the Kite-Powells to foreclose a first mortgage. Welch filed a five-count counterclaim. The trial court entered summary final judgment on Counts I and III of the counterclaim and dismissed Counts II, IV and V with leave to amend.
Rule 9.110, Florida Rules of Appellate Procedure, authorizes review of final orders of lower tribunals. The traditional test for a final order is whether the decree disposes of the cause on its merits leaving no questions open for judicial determination except for the execution or enforcement of the decree if necessary. Blount v. Hansen,
Rule 9.130 governs review of interlocutory orders: (1) orders concerning venue, (2) orders granting, continuing, modifying, denying or dissolving injunctions, or (3) orders determining jurisdiction of the person, right to immediate possession of property, right to immediate monetary relief or child custody, liability in favor of a party seeking affirmative relief, or whether a party is entitled to arbitration.
An order granting a motion to dismiss without prejudice is not an appealable final or non-final order. EIR, Inc. v. Electronic Molding Corp.,
DISMISS.
GOSHORN, C.J., and DAUKSCH, J., concur.
