Summary
dismissing appeal because order granting motion to dismiss is not appealable final order
Summary of this case from Maradriaga v. 7-ElevenOpinion
No. 1D09-5486.
February 12, 2010.
An appeal from an order of the Judge of Compensation Claims. Henry Harnage, Judge.
Richard E. Zaldivar of Richard E. Zaldivar, P.A., Miami, for Appellant.
Kimberly J. Fernandes of Kelley, Kronenberg, Gilmartin, Fichtel, Eskalyo Dunbrack, Miami Lakes, for Appellees.
Upon review of Appellant's response to this court's January 19, 2010, order to show cause, we DISMISS this appeal for lack of jurisdiction. See Mintz v. Broward Corr. Inst., 800 So.2d 343 (Fla. 1st DCA 2001) (holding order merely granting employer/carrier's motion to dismiss not an appealable final order); Truc v. Kimmins Corp., 889 So.2d 964, 964 (Fla. 1st DCA 2004) (dismissing appeal of order granting employer/carrier's motion to dismiss pursuant to Mintz); see also, Dedge v. Crosby, 914 So.2d 1055, 1056 (Fla. 1st DCA 2005) (order granting motion to dismiss with prejudice no more final than order granting motion to dismiss without prejudice). All pending motions are dismissed as moot.
LEWIS, THOMAS, and WETHERELL, JJ., concur.