Narrative Opinion Summary
The appeal and cross-appeal have been dismissed without prejudice, allowing the Appellant to seek review upon entry of a final order. The court references the precedent established in Mintz v. Broward Corr. Inst., which clarifies that an order granting a motion to dismiss by an employer/carrier is not considered an appealable final order. Similar rulings in Truc v. Kimmins Corp. and Dedge v. Crosby reinforce this position, stating that an order granting a motion to dismiss, whether with or without prejudice, does not constitute a final order for appeal purposes. The judges, BENTON, C.J., WEBSTER, and VAN NORTWICK, concur in this decision.
Legal Issues Addressed
Appealability of Orders Granting Motion to Dismisssubscribe to see similar legal issues
Application: The court determined that an order granting a motion to dismiss is not an appealable final order, thereby dismissing the appeal and cross-appeal without prejudice.
Reasoning: The court references the precedent established in Mintz v. Broward Corr. Inst., which clarifies that an order granting a motion to dismiss by an employer/carrier is not considered an appealable final order.
Final Order Requirement for Appealssubscribe to see similar legal issues
Application: The court highlighted that only final orders are appealable, and since the dismissal order did not constitute a final order, the parties may seek review only upon entry of a final order.
Reasoning: The appeal and cross-appeal have been dismissed without prejudice, allowing the Appellant to seek review upon entry of a final order.
Precedential Support for Non-Appealabilitysubscribe to see similar legal issues
Application: The decision was supported by previous cases, which consistently held that orders granting motions to dismiss do not qualify as final orders, thereby reinforcing the legal standard applied in this case.
Reasoning: Similar rulings in Truc v. Kimmins Corp. and Dedge v. Crosby reinforce this position, stating that an order granting a motion to dismiss, whether with or without prejudice, does not constitute a final order for appeal purposes.