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Henrion v. New Era Realty IV, Inc.

Citations: 567 So. 2d 562; 1990 Fla. App. LEXIS 7735; 1990 WL 149758Docket: No. 89-2711

Court: District Court of Appeal of Florida; October 10, 1990; Florida; State Appellate Court

Narrative Opinion Summary

The appeal is dismissed based on the precedent set in Russell v. Russell, 507 So.2d 661 (Fla. 4th DCA 1987). The court emphasizes that it lacks jurisdiction to review an order that dismisses a complaint unless that order explicitly includes the necessary language indicating finality of the dismissal. Judges WARNER, POLEN, and Associate Judge SHAHOOD concur with this decision.

Legal Issues Addressed

Jurisdiction for Appeal of Dismissal Orders

Application: The court determined it lacks jurisdiction to review a dismissal order unless the order contains explicit language indicating it is final.

Reasoning: The court emphasizes that it lacks jurisdiction to review an order that dismisses a complaint unless that order explicitly includes the necessary language indicating finality of the dismissal.

Precedent in Appellate Review

Application: The decision to dismiss the appeal was based on the precedent established in a prior case, Russell v. Russell.

Reasoning: The appeal is dismissed based on the precedent set in Russell v. Russell, 507 So.2d 661 (Fla. 4th DCA 1987).