Salasky v. Humana Hosp. Kissimmee Auxiliary, Inc., 85-925
| Decision Date | 07 November 1985 |
| Docket Number | No. 85-925,85-925 |
| Citation | 478 So.2d 428,10 Fla. L. Weekly 2493 |
| Parties | 10 Fla. L. Weekly 2493 Mark SALASKY and Patricia Salasky, his wife, Appellants, v. HUMANA HOSPITAL KISSIMMEE AUXILIARY, INC., etc., Appellee. |
| Court | Florida District Court of Appeals |
This is an appeal from an order which states, in pertinent part:
ORDERED as follows: The complaint is dismissed on the authority of Crenshaw v. Sarasota County Public Hospital Board, 466 So.2d 427 (Fla.2d DCA 1985).
Appellee has moved to dismiss the appeal because the order did not dismiss the complaint "with prejudice," citing Berenyi v. Halifax Hospital District, 451 So.2d 524 (Fla. 5th DCA 1984). We reject appellee's argument. As explained by the Florida Supreme Court in Board of County Commissioners of Madison County v. Grice, 438 So.2d 392, 394 (Fla.1983), "An order on a motion to dismiss may not be final, but an order which actually dismisses the complaint is." (Emphasis supplied.) See also Taylor v. Hartford Accident and Indemnity Co., 405 So.2d 1070 (Fla. 5th DCA 1981); Gries Inv. Co. v. Chelton, 388 So.2d 1281 (Fla.3d DCA 1980); Raphael v. Carner, 194 So.2d 298 (Fla. 4th DCA 1967). Here the order actually dismissed the complaint and therefore it was a final, appealable order. The order in Berenyi, on the other hand, merely granted a motion to dismiss, and therefore Berenyi is distinguishable. The language in Berenyi which indicated that dismissal of a complaint must be made "with prejudice" in order to be final and appealable was merely dictum and was not in conformity with previous decisions of this and other courts. 1
1 In Lawler v. Harris, 418 So.2d 1239 (Fla. 5th DCA 1982), this court adopted the view expressed in Gries Inv. Co. v. Chelton, 388 So.2d 1281 (fla.3d DCA 1980), and held that an order granting a motion to dismiss with prejudice is neither a judgment nor a final dismissal, the words "with prejudice" actually adding nothing of legal consequence, and therefore such is not a final, appealable order.
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...under review did specifically dismiss the amended complaint; therefore, the order is appealable. Salasky v. Humana Hospital Kissimmee Auxiliary, Inc., 478 So.2d 428 (Fla. 5th DCA 1985).2 According to the terms of the NVI mortgage, the principal was to be paid on demand or August 1, 1989. Ap......
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...we have jurisdiction to review. Board of County Comm'rs v. Grice, 438 So.2d 392, 393-94 (Fla.1983); Salasky v. Humana Hosp. Kissimmee Auxiliary, Inc., 478 So.2d 428 (Fla. 5th DCA 1985). The basis for the dismissal order below was that the subject complaint was, on its face, barred by the ap......
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...appealable order because it dismissed the complaint with prejudice and without leave to amend. See Salasky v. Humana Hosp. Kissimmee Auxiliary, Inc., 478 So.2d 428 (Fla. 5th DCA 1985). Therefore, we will confine the remainder of this opinion to addressing that order and to the facts distill......
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Stebnicki v. Wolfson, 90-1880
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