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917 So. 2d 378

Docket No. 5D05-1492.

Sutton v. Cole

Suzanne SUTTON, P.A., Appellant, v. John COLE, as Natural Parent etc., et al., Appellees.

District Court of Appeal of Florida

Decided December 30, 2005.

District Court of Appeal of Florida · decided 2005-12-30

Cited by 2 later decisions — most recently July 2006

2 state decisions

Relies on Sears v. Phelps

Good law ✅— No negative treatment on recordhow we know

Decided 2005-12-30

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¶1John Bringardner and Kenneth S. Jones, of Romaguera, Baker, Dawson, Bringardner Dias, P.A., Orlando, for Appellant.

¶2Rick Kolodinsky, New Smyrna Beach, for Appellee John Cole.

¶3J. Charles Ingram and Mark A. Buckles of Hannah, Estes Ingram, P.A., for Appellees Marcelo R. Anayas, M.D., Concepcion Anayas, M.D., and Community Medical Center of West Volusia, P.A.

¶4No Appearance for Appellee Halifax Hospital Medical Center.

¶5PER CURIAM.

¶6

ON MOTION TO DISMISS

¶7Suzanne Sutton, a defendant in a negligence lawsuit, appeals the order entered by the trial court denying her motion for leave to file a third-party complaint for indemnification. Appellees, the named defendants in said third-party complaint, filed a motion with this court seeking dismissal of the appeal on the basis of lack of jurisdiction.

¶8We conclude that, since the trial court's order is neither an appealable final order nor an appealable non-final order, this court lacks jurisdiction to review the appeal. See Sears, Roebuck & Co. v. Phelps,317 So.2d 101 (Fla. 4th DCA 1975). Accordingly, we grant the appellees' motion to dismiss and dismiss the instant appeal without prejudice.

¶9DISMISSED.

¶10PLEUS, C.J., SAWAYA and PALMER, JJ., concur.

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