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44 So. 3d 261

Johnson v. Girtman

District Court of Appeal of Florida

Decided October 13, 2010

District Court of Appeal of Florida · decided 2010-10-13

Relies on 758 So. 2d 91 - State v. Hall · 562 So. 2d 402 - Wick v. Spector

Decided 2010-10-13

¶1 On Motion for Rehearing

PER CURIAM.

¶2 We deny the motion for rehearing, withdraw our previously issued opinion, and substitute the following in its place.

¶3 Dismissed. See Traylor Bros., Inc. v. Shipman, 758 So.2d 91 (Fla.2000) (order denying a motion to dismiss pursuant to Florida Rule of Civil Procedure 1.070(j) is not an appealable non-final order); see also Wick v. Spector, 562 So.2d 402 (Fla. 3d DCA 1990) (order denying motion to dismiss for failure to prosecute is a non-final, non-appealable order).

GROSS, C.J., WARNER and CIKLIN, JJ., concur.
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