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SCOTTS CO. v. HACIENDA LOMA LINDA

No. 3D05-1331.

942 So.2d 899 (2005)

The SCOTTS COMPANY, a foreign corporation, Scotts-Sierra Horticultural Products Company, a foreign corporation, and Bob Santana, a Florida resident, Appellants, v. HACIENDA LOMA LINDA, a foreign corporation, Appellee.

District Court of Appeal of Florida, Third District.

November 9, 2005.

Attorney(s) appearing for the Case

Clarke, Silverglate, Campbell, Williams & Montgomery and Dennis M. Campbell, Miami, for appellants.

Josephs, Jack & Miranda, P.A., and Susan S. Lerner, Miami, for appellee.

Before COPE, C.J., and GREEN and SHEPHERD, JJ.

On Motion to Dismiss Cross-Appeal

COPE, C.J.

The question before us is whether a litigant is authorized to file a cross-appeal of a non-final order which is being appealed under Florida Rule of Appellate Procedure 9.130. The answer is yes.

The appellants (who are defendants below) filed a notice of appeal of a non-final order denying their motion to dismiss on the ground of forum non conveniens. Such an appeal proceeds under Florida Rule of...

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