THOMAS v. SILVERS

No. 97-2617.

701 So.2d 389 (1997)

Michael THOMAS, et al., Appellants, v. James S. SILVERS, et al., Appellees.

District Court of Appeal of Florida, Third District.

November 5, 1997.


Attorney(s) appearing for the Case

Thomas F. Luken, Ft. Lauderdale, for appellants.

Zack, Sparber, Kosnitzky, Spratt & Brooks, Stephen N. Zack and Jill E. Anderson, Miami, for appellees.

Before NESBITT, LEVY and FLETCHER, JJ.


PER CURIAM.

Appellants, defendants below, seek review of an order denying their motion to dismiss which was based solely on Florida Rule of Civil Procedure 1.070(i) (formerly 1.070(j)), which provides that complaints must be served on defendants within 120 days of their filing. The appellees, plaintiffs below, have filed a motion to dismiss this appeal, which we grant.

We find that the trial court's order is a nonappealable non-final order, as it does not...

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