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BECTON v. K & L CONTRACTORS, INC.

No. 90-1494.

573 So.2d 428 (1991)

Peter J. BECTON, et al., Appellants, v. K & L CONTRACTORS, INC., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

January 31, 1991.

Attorney(s) appearing for the Case

Helen Wagner McAfee of Wagner, Nugent, Johnson, Roth, Romano, Eriksen & Kupfer, West Palm Beach, for appellants

Jeffrey M. Fleming of Rogers, Dowling & Fleming, Orlando, for appellees, K & L Contractors, Inc., Danis Industries, Inc., Carl Kelley and George Smalley, Jerry H. Jeffery and Brian D. DeGailler of Jeffery, Thomas & Marshall, Maitland, for Appellees, Don Blake, Toney George Bob Carmen and Jim McAnaly.

DIAMANTIS, Judge.

This is an appeal of an order granting appellees' motion to dismiss counts 1, 2, 3 and 4 of appellant's sixth amended complaint with prejudice. The appeal is dismissed since this court lacks jurisdiction. An order granting a motion to dismiss even if the order reads "with prejudice" is merely an order granting a motion, not an order dismissing an action, and it is not appealable. Wetterauer v. Frontenac Flea Market, Inc.,

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