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DEDGE v. CROSBY

No. 1D05-4288.

914 So.2d 1055 (2005)

Wilton DEDGE, Walter Gary Dedge, Sr., and Mary Dedge, Appellants, v. James V. CROSBY, Jr., Secretary of Florida Department of Corrections, and the State of Florida, Appellees.

District Court of Appeal of Florida, First District.

November 29, 2005.

Attorney(s) appearing for the Case

Talbot D'Alemberte, and Gustavo Membiela of Hunton & Williams, LLP, Tallahassee, for Appellants.

Charlie Crist, Attorney General, and Louis Vargas, General Counsel, Tallahassee; Ronald L. Harrop and Warren B. Kwavnick of Cooney, Mattson, Lance, Blackburn, Richards & O'Connor, P.A., Orlando, for Appellees.

PER CURIAM.

The appellants have sought review of an "Order Granting Amended Motion to Dismiss," entered on August 29, 2005, and an "Amended Order Granting Amended Motion to Dismiss," entered on September 7, 2005. The Court has determined that neither order constitutes a final appealable order.

The August 29, 2005, order grants the defendants' motion to dismiss but fails to actually dismiss the action. Such an order is not final. See Benton v. Moore,

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