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McPheeters v. Tolbert
561 So. 2d 18
Fla. Dist. Ct. App.
1990
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561 So.2d 18 (1990)

Rodger Franklin McPHEETERS, Appellant,
v.
Dorothy Christina TOLBERT, Etc., Appellee.

Nos. 89-1003, 89-1004.

District Court of Appeal of Florida, Fifth District.

May 10, 1990.

*19 E.G. Musleh, Ocala, for appellant.

Mary Catherine Landt of Forman, Krehl & Landt, Ocala, for appellee.

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
Citation: 561 So. 2d 18
Docket Number: 89-1003, 89-1004
Court Abbreviation: Fla. Dist. Ct. App.
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