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379 So. 2d 462

Docket No. 78-1832.

Atria v. Anton

Xavier S. ATRIA and Gregory Atria, Appellants, v. Paul B. ANTON and David L. Kline, As Trustees, As Joint Tenants with Right of Survivorship and Not As Tenants in Common, Appellees.

District Court of Appeal of Florida

Decided February 6, 1980.

District Court of Appeal of Florida · decided 1980-02-06

Cited by 5 later decisions — most recently May 1990

5 state decisions

Relies on City of Tampa v. Long

Good law ✅— No negative treatment on recordhow we know

Decided 1980-02-06

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¶1*463 Myles J. Tralins of Myles J. Tralins, P.A., Miami, for appellants.

¶2David L. Klein of Abrams, Anton, Robbins, Resnick, Schneider & Mager, P.A., Hollywood, for appellees.

¶3PER CURIAM.

¶4This Court has sua sponte raised the question of whether the order appealed from is final in nature so as to support a plenary appeal under Fla.R.App.P. 9.030(b)(1)(A). We conclude that the order is not final in that it merely granted a motion to dismiss. Guth v. Howard,362 So.2d 725 (Fla. 2nd DCA 1978). Nor is the order reviewable by interlocutory appeal. Fla.R.App.P. 9.130(a)(3). Consequently, although close questions are presented concerning the technical allegations of the complaint and the necessity for attachment of relevant documents, we have no jurisdiction to consider these issues at this time. In order to expedite any future review by this Court of subsequent proceedings in this cause, the parties are ordered to advise this Court, upon undertaking such review, of the instant attempted appeal.

¶5Since we have no jurisdiction, this appeal is dismissed.

¶6MOORE, BERANEK and HURLEY, JJ., concur.

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