1. (1) WHAT MAY BE ASSIGNED AS ERROR.--All judgments and orders made in any action wherein the trial court:

   1. (a) May allow or refuse to allow any motion:

      1. For a new trial or rehearing,

      2. For leave to amend pleadings,

      3. For leave to file new or additional pleadings,

      4. To amend the record, or

      5. For continuance of the action; or

   2. (b) Shall sustain or overrule any motion to dismiss the action may be assigned as error upon any appeal from the final judgment or order in the action. The appellate court shall hear and determine the matter so assigned under like rules as in other actions.
2. (2) EFFECT OF PLEADING OVER OR AMENDING.--Pleading over or amending pleadings after order upon motion to dismiss shall not waive the right to have the judgment or order reviewed.

History.--s. 1, ch. 521, 1853; s. 1, ch. 3430, 1883; RS 1265; GS 1693; RGS 2903; CGL 4608; s. 6, ch. 22854, 1945; s. 2, ch. 71-316.