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BISHOP v. KELLY

No. 81-138.

404 So.2d 1149 (1981)

Bernard BISHOP, Dan Worsham and Ronald Forbell, Appellants, v. Melvin KELLY, Sheriff of Hernando County, and William F. Edwards, Hernando County Sheriff's Office, Appellees.

District Court of Appeal of Florida, Fifth District.

October 21, 1981.

Attorney(s) appearing for the Case

James W. O'Neill, Jr., Law Offices of William F. Casler, Sr., St. Petersburg, for appellants.

Joseph E. Johnston, Jr., and Julius F. Parker, Jr., of Madigan, Parker, Gatlin, Swedmark & Skelding, Tallahassee, for appellees.

PER CURIAM.

An order dismissing a complaint with leave to amend is a non-final order. As such, it is not appealable prior to final dismissal. Hancock v. Piper, 186 So.2d 489 (Fla. 1966); Petnuch v. Smith, 395 So.2d 294 (Fla. 5th DCA 1981). Accordingly, this appeal is sua sponte

DISMISSED.

DAUKSCH, C.J., and COBB and SHARP...

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