Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
The wording in an order granting a motion to dismiss in a Florida family law case is important, as it can mean the difference between a final judgment and a non-final order. Most orders granting a motion to dismiss contain other language which give a party a certain number of days to file an amended pleading. An order of dismissal was an issue in the case Contreras v. Fernandez, 3D24-0894 (Fla. 3d DCA October 2, 2024).
An order was entered granting a motion to dismiss appellant’s second amended complaint. The order simply stated the motion to dismiss is “granted.” As stated in the appellate opinion, the order “neither contains words of finality nor enters a dismissal in [the appellee’s] favor.” On appeal, the court held “Because this is not a final order capable of review, we lack jurisdiction to do so. Accordingly, we dismiss this appeal. See Henrion v. New Era Realty IV, Inc., 567 So. 2d 562, 563 (Fla. 4th DCA 1990) (‘Once again we caution trial judges and attorneys alike that this court lacks jurisdiction over an order granting a motion to dismiss a complaint, when that order does not contain the requisite words of finality indicating that the cause is dismissed.’).”
Schedule your meeting with a Miami family law attorney to understand how the law may apply to your case.