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PETNUCH v. SMITH

No. 80-399.

395 So.2d 294 (1981)

Peter PETNUCH, Jr., Appellant, v. Kevin Charles SMITH (a Minor) and George Charles Smith, Appellees.

District Court of Appeal of Florida, Fifth District.

March 18, 1981.

Attorney(s) appearing for the Case

Gary H. Neely, Daytona Beach, and Norman Peter Laskey of Duffett, Seps & Akers, Ormond Beach, for appellant.

William A. Parsons of Gosney, Carmeron, Parsons & Marriott, P.A., Daytona Beach, for appellees.

DAUKSCH, Chief Judge.

This is an appeal from an order by the trial court determining it had no jurisdiction in this matter. It was the judgment of the trial court that after the plaintiff's complaint was dismissed with leave to amend and the twenty days for amendment expired; the case stood dismissed and the trial court no longer had jurisdiction.

An order dismissing a complaint with leave to amend is a non-appealable...

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